1 


989Z.O  8A 


THE 


MAINE   LIQUOR   LAW: 


ITS 


(Bright,  Sistorf,  nnir 


A:    LT'FE  .  O.F.  .      , 

DOW. 


BY 

HENRY   S.   CLUBB, 

8EOKKTARY     OF    THE    MAINE     LAW     STATISTICAL    SOCIETY. 


How  oft  the  sight  of  means  to  do  ill  deeds 
Makes  ill  deeds  done.— SHAKSPEARE. 


Neto  Yorft: 

PUBLISHED  FOR  THE  MAINE  LAW  STATISTICAL   SOCIETY, 
BY    FOWLER    AND    WELLS, 

308    BEOADWAY. 

1856. 


•      **.••••     •.•••"       •      •       • 

ENTERED,    ACCO*RDlVr5  TO  *AfiT  'OFcCONtfB2SS  f  «CM   TaEVEAB  1855, 


HENKY    S.    CLUBB, 


THE    CLERK'S   OFFICE   OF   THE   DISTRICT   COURT   OF   THE   UNITED   STATES   FOB 
THE    SOUTHERN    DISTRICT    OF   NEW   YORK. 


DAVIS*  AND   EGBERTS,  6TEREOTYPEB8, 

201  William  Street,  N.T. 


CONTENTS. 


Page 
INTRODUCTION 5 


LIFE  OF  HON.  NEAL  DOW,  INCLUDING  ORIGIN  OF  THE  MAINE  LAW.  7 

HISTORY  OF  LIQUOR  PROHIBITION 69 

RESULTS  OF  PROHIBITION 99 

$art  JFourtJ). 

THE  PROHIBITORY  LIQUOR  LAWS 297 

INDEX  TO  LIFE  OF  NEAL  DOW 417 

«           HISTORY  OF  LIQUOE  PROHIBITION 418 

«           RESULTS  OF  PROHIBITION 419 

«           CONTRIBUTORS  AND  AUTHORITIES 427 

«           PROHIBITORY  LIQUOR  LAWS 429 

Illustrations. 

PORTRAIT  OF  HON.  NEAL  DOW opposite  page  1 

TESTIMONIAL  FROM  NEW  JERSEY  TO  HON.  NEAL  DOW..           "  87 

RESIDENCE  OF  HON.  NEAL  DOW «  66 

PORTRAIT  OF  HON.  GERRIT  SMITH "  81 

MAP  SHOWING  EXTENT  OF  PROHIBITION  IN  U.  STATES  . .           "  83 

PORTRAIT  OF  HON.  HORACE  GREELEY «  106 

"              REV.  JOHN  PIERPONT "  123 

u              REV.  HENRY  WARD  BEECHER «  124 

«              REV.  LYMAN  BEECHER,  D.D "  134 

«              LUCRETIA  MOTT «  228 

M39278 


ADVERTISEMENT. 


THE  Secretary  of  the  MAINE  LAW  STATISTICAL  SOCIETY 
hereby  presents  his  grateful  acknowledgments  to  the  con- 
tributors who  have  kindly  assisted  in  the  preparation  of 
the  present  work;  to  the  subscribers  who  have  cheer- 
fully promised  to  aid  the  Society  by  purchasing  its  pub- 
lications ;  and  to  those  editors  who  have  been  pleased  to 
notice  the  Society  and  its  operations  in  a  favorable  man- 
ner. The  further  co-operation  of  the  friends  of  temper- 
ance in  promoting  the  interests  of  the  Society  and  the 
cause,  by  the  contribution  of  facts  and  purchase  of  its 
publications,  is  earnestly  solicited. 

Editors  favoring  this  work  with  a  notice,  and  desiring 
the  future  publications  of  the  Society,  will  please  to  for- 
ward the  paper  containing  such  notice  to  the  Secretary 
of  the  MAINE  LAW  STATISTICAL  SOCIETY,  care  of  Messrs. 
FOWLER  AND  WELLS,  308  Broadway,  New  York  city. 

NEW  YORK  CITY,  September,  1855. 
4 


INTRODUCTION. 


PROHIBITION  has  been  recognized  as  a  principle  of  law  ever  since  laws  have 
been  known  to  exist.  The  very  first  law  recorded  is  prohibitory,  and  it  relates  to 
human  aliment : 

And  the  Lord  commanded  the  man,  saying,  Of  every  tree  of  the  garden  thou  mayest 
freely  eat :  but  of  the  tree  of  the  knowledge  of  good  and  evil,  THOIT  SHALT  NOT  EAT  OF  IT  ; 
for  in  the  day  that  thou  eatest  thereof  thou  shall  surely  die.* 

The  use  of  wine  and  strong  drink  was  prohibited  to  the  priests  during  all  the  time 
they  were  in  the  tabernacle  and  employed  in  the  service  of  the  altar,  f  Nine  of  the 
Ten  Commandments  are  literally  prohibitory  laws.  Wine  was  prohibited  to  the  Naz- 
arites4  These,  among  others,  are  instances  in  the  laws  of  MOSES  where  the  prin- 
ciple of  prohibition  is  recognized,  and  in  many  cases  its  direct  application  to  the 
drinking  customs  is  also  exemplified.  Speaking  of  the  laws  of  God,  Judge  BLACK- 
STONE  says  :  "  They  are  in  obligation  superior  to  any  other.  No  human  laws  are 
of  any  validity  if  contrary  to  them." 

The  laws  of  JONADAB,  the  son  of  RECHAB,  also  were  prohibitory  liquor  laws  of 
the  most  direct  and  personal  character  ;  not  forbidding  the  sale  or  purchase,  but 
Ye  shall  drink  no  wine,  neither  ye,  nor  your  sons  forever.§ 

Among  the  Hindoos  there  is  a  law  of  their  Deity  BUDDHA  which  is  still  observed 
by  the  Buddhists.  It  formed  the  fifth  of  the  laws  of  Buddha : 

Not  to  use  intoxicating  liquor  or  druga.|| 
The  date  of  this  law  is  believed  to  be  about  550  years  before  Christ. 

*  Genesis  ii.  16, 17.  t  Leviticus  x.  9.  t  Numbers  vi.  8. 

§  Jeremiah  xxxv.  6.  J  COLEMAN'S  Mythology  of  the  Hindoos,  p.  198, 


INTRODUCTION. 


MOHAMMED  also  prohibited  the  use  of  intoxicating  liquors,  and  regarded  it  as  a 
great  sin  as  well  as  gambling  ;  both  of  which  he  admits  to  be  of  some  use  to  man, 
but  that "  their  sinfulness  is  greater  than  their  use."* 

Among  the  tribe  or  nation  called  Suevians,  of  the  ancient  Germans,  some  two 
thousand  years  ago,  there  was  a  law  prohibiting  the  bringing  of  wine  into  their 
territory.  Their  reason  was,  that  it  enervates  the  mind  and  unfits  the  body  for 
exercise  or  labor. 

The  Society  of  Friends,  fifty  years  ago,  enacted  a  law  by  which  a  member  is  dis- 
owned who  persists  in  importing,  distilling,  or  vending  ardent  spirits,  or  in  selling 
grain  or  other  produce  for  the  purpose  of  distillation. 

The  Congress  of  the  United  States,  in  1802,  passed  a  law  authorizing  the  Presi- 
dent to  use  whatever  means  in  his  judgment  might  seem  best  to  prohibit  the  sale 
of  spirits  to  the  Indian  tribes.  This  was  amended  in  1815,  and  again  in  1822. 
These  laws  are  still  in  full  force.  The  search  and  seizure  clause  not  only  author- 
izes search  on  suspicion,  but  it  requires  a  forfeiture  of  all  liquors  found,  and  of  all 
the  other  goods  in  possession  of  the  trader,  as  well  as  imposing  a  heavy  penalty. 

These  are  a  few  of  the  precedents  for  the  Prohibitory  Liquor  Laws  of  Maine  and 
other  American  States  and  provinces.  A  careful  examination  of  them  will  lead  to 
the  conclusion  that  they  are  all  not  only  the  same  in  principle,  but  in  purpose  or 
design,  and  that  the  movement,  of  which  this  work  is  a  history,  is  the  natural  re- 
sult of  the  enlightenment  of  the  present  age,  in  applying  to  the  masses  of  mankind 
principles  which  before  have  been  observed  only  by  the  few.  It  is,  in  fact,  the 
embodiment  of  the  moral  and  political  convictions  of  Society  in  the  laws  which  are 
enacted  for  their  mutual  protection  and  defense,  and  for  the  personal  and  moral 
security  of  themselves,  their  children,  and  posterity. 

*  Koran,  p.  39. 


art  Jfirst. 


LIFE  OF  HON.  NEAL  DOW, 


ORIGIN  OF   THE   MAINE  LAW. 


CONTENTS. 


Pago 
CHAPTER    I. — BIRTH-PLACE   AND  YOUTH 9 

"  II. — ENTRANCE    INTO    PUBLIC    LIFE 11 

'*          HI. FIRST    DEFEAT   AND    FIRST    TRIUMPH 14 

"  IV. TEMPERANCE    POLITICS 17 

"  V. BECOMES    MAYOR    OF   PORTLAND 23 

"          VI. PASSAGE    OF   THE    MAINE    LAW 27 

"        Vn. — TERMINATION   OF   MAYORALTY 31 

"       VIII. THE    NEW    MAINE    LAW 36 

"          IX.— RE-ELECTION    AS    MAYOR 41 

**  X. — THE    CONSPIRACY   AND   ITS   FAILURE 48 

"          XI. — DOMESTIC    AND   SOCIAL   RELATIONS   AND   POSITION 65 


THE 


LIFE    OF    HON.    NEIL   DOW. 


In  regard  to  Mr.  Dow,  he  is  one  of  the  best  men  that  ever  lived.  He  is  warm-hearted,  generous,  and 
candid.  He  is,  however,  impulsive,  and  sometimes  does  things  which  even  his  friends  object  to  ;  but  you 
will  find  him  at  all  times  guided  by  the  purest  motives.  No  man  enters  the  Legislative  hall ;  no  man  goes 
to  a  mass  meeting  and  is  received  with  such  enthusiasm  as  Mr.  Dow  is.  Whatever  he  saya  is  listened  to 
with  profound  respect.— GOVKRXOB  MOBBILL. 

BIRTH-PLACE    AND    YOUTH. 

Early  settlement  of  a  peninsula — Destruction  of  the  settlement  by  the  Indians  in  16T5,  and 
again  by  the  French  and  Indians  in  1690 — Desertion  of  the  peninsula — Incorporation  of 
the  new  settlement  as  Falmouth — Becomes  a  distinct  town,  and  receives  the  name  of  Port- 
land in  1786 — Parentage  and  birth  of  NEAL  Dow — The  occupation  of  his  youth — Prohib- 
itory Law  of  the  Society  of  Friends — Characteristic  of  his  mind  eminently  practical — Ob- 
servation a  principal  feature  of  his  training — Early  impressions  in  relation  to  intoxi- 
cating liquors — Industrial  pursuits  the  best  preparation  for  his  after  life. 

1.  As  early  as  1632,  GEORGE  CLEAVES  and  WILLIAM  TUCKER, 
two  adventurers  from  the  west  of  England,  procured  a  grant  of 
land,  consisting  of  a  peninsula  at  the  western  extremity  of  Casco 
Bay,  between  Casco  River  on  the  south  and  Black  Cove  on  the 
north.  The  length  of  this  peninsula  from  east  to  west  is  three 
miles,  and  its  average  width  three  quarters  of  a  mile.  It  con- 
tains two  thousand  two  hundred  acres  of  land.  On  the  eastern 
and  western  extremities  of  this  peninsula  the  ground  rises  to  a 
considerable  eminence  ;  and  as  nearly  the  whole  is  surrounded 
by  the  sea,  and  from  these  heights,  on  either  end,  can  be  seen 
the  Atlantic  Ocean  ;  the  bay  to  the  mouth  of  the  Kennebec,  with 
its  numerous  isles,  which  in  summer  are  dressed  in  robes  of 
green  ;  the  Agamenticus  Hills  in  York  County  ;  the  whole  range 
of  mountains  on  the  New  Hampshire  borders,  from  Ossipee,  near 
Lake  Winnipiseogee,  to  the  celebrated  White  Mountains,  which 


>  v* :  :•':  ;,/LLFE  OF  NEAL  DOW.  [SEC.  2-6. 

-a. ___ 

fejn/ftje  ;ba£k£rofm4',  of  '#,  magnificent  landscape,  with  Mount 
Washington  irf  fafl'Viente/these  two  adventurers  might  well  be 
charmed  with  the  spot,  and  form  the  determination  to  erect  there- 
on a  settlement  which,  as  time  advanced,  should  become  a  city 
"  beautiful  for  situation." 

2.  In  1675,  however,  the  settlement  was  entirely  destroyed 
by  the  aborigines.     It  was  again  erected,  and  in  1690  again  de- 
stroyed by  the  combined  forces  of  the  French  and  Indians.     This 
beautiful  peninsula  then  lay  waste  and  apparently  deserted  for  a 
period  of  twenty  years.     In   1718,  a  settlement  having  again 
sprung  up,  it  was   incorporated  under  the  name  of  Falmouth, 
with  towns  now  called  Elizabeth,  Westbrook,  and  Falmouth,  by 
the  Legislature  of  Massachusetts.     In  1786  the  settlement  be- 
came  again  a  distinct  town,  and  was  incorporated  under  the 
name  of  Portland. 

3.  Residing  in  this  town,  near  the  western  end  of  the  penin- 
sula, was  a  steady,  industrious  member  of  the  Society  of  Friends, 
quietly  carrying  on  the  business  of  a  tanner.     On  the  20th  of 
March,  1804,  he  had  born  unto  him  a  son,  whom  he   called 
"  NEAL."     As  time  advanced,  NEAL  became  a  youth,  and  dili- 
gently applied  himself  to  the  business  of  his  father's  calling. 

4.  The  Society  of  Friends  having  prohibited  by  law  the  man- 
ufacture of  ardent  spirits,  it  was  not  surprising  that  his  naturally 
warm  and  enthusiastic  temperament  should  heartily  espouse  the 
principle  taught  in  that  Society. 

5.  The  occupation  in  which  he  was  daily  employed  bringing 
him  in  close  contact  with  persons  engaged  in  industrial  pursuits, 
he  had   ample   opportunities  of  noticing  the  effects  of  certain 
habits  on  persons  so  engaged.     The  striking  characteristic  of 
his  mind  was  evidently  and  pre-eminently  practical.     Whatever 
views  he  imbibed,  whether  as  the  result  of  study  or  observation, 
the  impulse  to  apply  those  principles  to  life,  in  the  circumstances 
by  which  he  was  surrounded,  became  irresistible. 

6.  As  the  town  advanced  in  population  and  commerce,  it  also 
advanced  in  civilization  and  refinement.     But,  antagonistic  to 
these,  and  in  spite  of  these,  there  was  growing  up  in  the  midst 

10 


CHAP.H.]  LIFE  OF  NEAL  DOW.  [Sec  1. 

of  the  people  a  habit  of  indulging  in  the  use,  not  only  of  ardent 
spirits,  but  of  intoxicating  liquors  in  all  their  varied  forms ! 
With  the  ardor  of  his  youth  he  received  deeply  from  practical 
experience  strong  impressions  of  the  evils  resulting  from  such 
indulgences,  and  he  became  strongly  attached  to  the  temperance 
movement  from  its  commencement,  on  the  total  abstinence  prin- 
ciple. 

7.  His  education,  in  a  scholastic  sense,  had  not  been  neglect- 
ed ;  but  it  was  the  education  which  he  derived  in  a  tan-yard  and 
in  his  constant  intercourse  with  industrial  society,  which  did 
most  to  prepare  him  for  that  life  of  active  usefulness  which  has 
since  made  his  name  one  of  the  most  remarkable  in  the  history 
of  American  reformers,  and,  we  might  say,  were  he  not  still  liv- 
ing, of  American  heroes. 


I  remember  SOMKEFIELD  said  In  a  speech,  with  that  infantile  eloquence  which  charmed  us  so  much  :  "  I 
would  rather  be  the  author  of  the  Dairyman's  Daughter  than  of  Homer's  Iliad."  I  would  rather  go  with 
NEAL  Dow's  reputation  to  posterity,  and  to  have  to  meet  at  last  the  gathering  up  of  the  influence  of  his 
life  in  the  noble  contemplation  of  an  eternal  world,  than  be  any  other  man  who  lives  or  has  lived  in  this 
country,  the  magnificent  Father  of  his  country  not  excepted. — KEV.  Da.  TYNG,  of  New  York. 

ENTKANCE    INTO    PUBLIC    LIFE. 

No  compromise  with  moderate  drinkers— Director  of  the  alms-house  a,nd  house  of  correc- 
tion— Portland  becomes  a  city  in  1832 — Cause  of  ruin  to  the  inmates  of  the  alms-house 
and  house  of  correction — Facilities  offered  by  the  traffic  the  incentives  to  intemperate 
habits— The  traffic  authorized  by  State  and  city  governments— The  traffic  no  benefit  to 
the  community— The  traffic  a  cause  of  immeasurable  evil  to  society— NEAL  DOW'B  pub- 
lic advocacy  of  temperance— He  finds  that  the  law  did  not  require  that  licenses  be  grant- 
ed—Could not  licenses  be  withheld  ?— NEAL  Dow  labors  to  change  public  opinion  and 
to  affect  municipal  action  thereby— Total  prohibition  of  the  liquor  traffic  the  succeeding 
idea— Memorial  of  General  JAMES  APPLETON  and  others  for  an  abrogation  of  the  license 
laws  and  prohibition  of  the  sale  of  liquors. 

1.  NEAL  Dow  joined  heartily  in  all  the  phases  of  the  total 
abstinence  movement,  taking  care  to  avoid  every  compromise 
with  the  moderate  drinkers  of  intoxicating  liquors.  He  was 

11 


CHAP.  II.]  LIFE  OF   NEAL  DOW.  [Sac.  2,  3. 

drawn  to  this  step  by  his  observation  of  the  frightful  evils  resulting 
from  intemperance,  which  were  doing  so  much  to  retard  the  pro- 
gress of  his  native  city  and  State,  being  convinced  that  the  gen- 
eral good  of  the  community  depended  on  an  effectual  check  being 
given  to  the  growth  of  that  giant  evil.  He  regarded  such  an 
object  as  every  way  worthy  the  efforts  of  the  best  and  ablest 
men  of  the  country. 

2.  His  convictions  on  this  subject  were  deepened  by  an  ex- 
perience of  several  years  in  the  direction  of  the  alms-house  and 
house  of  correction  of  what  in  1832  became  the  city  of  Portland. 
In  this  connection  he  saw  that  the  ruin  of  those  who  were  com- 
mitted to  these  houses  was  almost  in  every  case  to  be  attributed 
to  the  use,  not  of  ardent  spirits  merely,  but  of  whatever  liquors 
would  produce  intoxication.    This  important  fact  led  him  to  con- 
sider the  cause  of  the  evil  and  how  to  remove  it.     He  saw  that 
the  traffic  in  these  articles  offered  facilities  for  obtaining  them 
which  would  not  otherwise  exist,  and  in  his  observation  of  the 
habits  of  the  people  around  him,  he  saw  that  these  facilities  be- 
came the  tangible  incentives  to  the  habits  which  he  so  much 
deplored.     He  saw  that  workingmen,  on  returning  from  their 
daily  toil,  wearied  by  exertion,  very  naturally  resorted  to  the 
readiest  means  at  hand  to  procure  refreshment,  and,  as  the  traffic 
had  established  its  offices  throughout  the  city,  intoxicating  liquor 
had  gradually  become  the  most  available  substitute  for  natural 
and  wholesome  aliment ! 

3.  He  saw,  too,  that  this  traffic  in  alcoholic  beverages,  although 
spreading  misery  and  devastation  among  the  people,  was  author- 
ized and  licensed  by  the  State  and  city  governments  ;  that  the 
evil  which  he  and  others  had  been  laboring  so  diligently  to  re- 
move, was,  in  fact,  fostered  and  sustained  by  the  law  of  the  land. 
His  acute  and  discriminating  mind  led  him  to  examine  the  traffic 
itself,  and  he  came  to  the  conclusion  that  the  community  received 
no  benefit  whatever  from  this  business,  although  its  cost  exceeded 
that  of  any  other  traffic  in  the  country.    That  the  community  not 
only  derived  no  benefit  from  it,  but,  on  the  contrary,  was  suffer- 
ing immeasurably  from  the  evils  resulting  therefrom. 

12 


CHAP.  H.]  LIFE   OF   NEAL   DOW.  [SEC.  4-6. 

4.  In  his  public  advocacy  of  temperance  he  began  naturally 
to  direct  attention  to  the  traffic  as  mainly  promoting  the  drinking 
habits  of  the  people,  and  to  the  anomaly  of  a  government  sustain- 
ing by  law  a  system  which  was  doing  more  than  any  other  to  im- 
pede the  prosperity  of  the  State. 

5.  He  examined  the  law,  and  found  that  it  did  not  absolutely 
require  the  municipal  authorities  to  grant  licenses,  but  merely 
gave  the  power  to  do  so  in  each  city  and  town.    This  led  him  to 
consider  whether,  even  under  the  then  existing  law,  something 
could  not  be  done  to  check  the  evil  by  abolishing  the  license 
system,  or  rather  by  creating  such  a  public  as  would  influence 
the  municipal  authorities  to  refuse  licenses  for  the  sale  of  liquors. 
This  idea,  however,  did  not  originate  with  NEAL  Dow,  as  it  had 
been   even  then  in  practical  operation  in  many  parts  of  New 
England  with  gratifying  results.*     He  labored  diligently  in  dis- 
seminating information   on  this  subject,  and  in  advocating  the 
exercise  of  such  municipal  authority  as  would  make  the  traffic 
illegal.     He  saw,  however,  that  this  could  only  be  a  step  toward 
more  decided  legislative  action.     He  saw  that  the  legislatures 
of  many  of  the  States,  as  also  the  governments  of  Europe  had, 
time  after  time,  devised  plans  and  enacted  laws  for  the  regulation 
of  the  liquor  traffic,  and  as  drunkenness,  in  spite  of  legal  enact- 
ment on  the  one  hand,  and  persuasive  appeals  on  the  other,  still 
continued  to  increase  and  to  fill  the  world  with  misery  and  woe, 
it  was  natural  for  his  practical  mind  to  conceive  the  idea  of  the 
total  prohibition  of  the  liquor  traffic  by  legal  enactment. 

6.  If  it  be  not  true  that 

All  partial  evil 's  universal  good, 

it  is  certainly  a  fact  that  what  appears  to  be  evil  often  seems  to 
give  rise  to  such  events  as  afford  new  impulses  and  originate 
important  improvements.  It  was  thus  in  the  State  of  Maine, 
when  some  of  the  promoters  of  the  temperance  reformation  had 
so  far  forgotten  their  principles  as  to  compromise  with  wine- 
drinkers,  and  form  with  them  a  consolidated  body  called  the 
"  Maine  Temperance  Union,"  a  school  of  sound  temperance 

*  See  Results  of  Prohibition  in  Massachusetts,  Chap.  IL,  Sec.  1-13,  and  Chap.  V.,  Sec.  1-10. 

13 


CHAP,  m.]  LIFE   OS1  NEAL  DOW.  [SEC.  1. 

men  (among  whom  was  NEAL  Dow)  arose  from  the  ruins  of  the 
old  organization,  and  their  first  appearance  in  the  Legislature  of 
the  State  was  in  1837,  when  a  memorial,  drawn  up  by  General 
JAMES  APPLETON,  of  Portland,  was  presented,  demanding,  not 
only  an  abrogation  of  all  license  laws,  "  as  the  support  and  life 
of  the  traffic,"  but  also  "  an  entire  prohibition  of  all  sale,  except 
for  medicine  and  the  arts,"  for  the  same  reason  that  the  State 
makes  laws  to  "  prevent  the  sale  of  unwholesome  meats,  or  for 
the  removal  of  any  thing  which  endangers  the  health  and  life  of 
fthe  citizen,  or  which  threatens  to  subvert  our  civil  rights  or  over- 
throw the  government." 

7.  Much  credit,  therefore,  is  due  to  General  APPLETON  for 
this  truly  gallant  achievement ;  for  however  brave  he  may  have 
been  in  the  exercise  of  his  profession,  we  can  not  suppose  that 
he  remembers  any  action  on  the  battle-field  with  any  thing  ap- 
proachirig  the  satisfaction  with  which  he  may  reasonably  regard 
this  "  first  attack"  on  the  greatest  enemy  of  every  civilized  com- 
munity, a  "  legalized  liquor  traffic." 


As  this  abuse  [Intemperance]  runs  into  a  general  practice  of  all  ages  and  both  sexes,  it  will  be  a  fit  snb- 
Ject  for  the  consideration  of  the  public,  which  is  by  this  means  diminished  in  its  nnmbers  even  to  a  degree 
of  being  felt,  and  deprived  of  the  nse  of  many  hands  which  grow  feeble  even  before  their  wasted  bodies 
Bink  into  the  grave.— DB.  CHANDLER,  Bishop  of  Lichfleld  and  Coventry  [England]  in  1724. 

FIRST   DEFEAT   AND   FIRST   TRIUMPH. 

The  country  not  yet  prepared  for  General  APPLE-TON'S  proposition — The  Washingtonian 
movement — The  position  taken  by  NEAL  Dow  on  the  rum  traffic — Devotes  his  life  to 
the  cause — First  advocacy  of  prohibition  before  an  official  tribunal  in  1839 — Question 
referred  to  the  direct  vote  of  the  people — License  system,  at  first,  triumphant — Advan- 
tage of  the  Washingtonian  movement^-Kumsellers  begin  to  see  their  danger— NEAL  Dow 
again  resorts  to  public  agitation— Euro  traffic  not  to  be  tolerated— Force  of  public  senti- 
ment on  official  Conservatism— Portland  refuses  to  grant  licenses  in  1843— Character  of 
the  opposition — Success  of  efforts  on  public  opinion — First  triumph  at  the  ballot-box. 

1.  IN  1837,  however,  the  country  did  not  seem  prepared  for  so 
decided  a  step  as  that  proposed  by  General  APPLETON.     The 
Washingtonian  movement,  a  happy  combination  of  temperance 
14 


OHTTP.  TEE  ]  LIFE  OP   NEAL   DOW.  [SEC.  2,  3. 

with  a  benevolent  order  of  united  brethren,  became  the  leading 
feature  of  the  temperance  reformation.  It  was,  indeed,  a  great 
time  of  "  revival,"  and  hundreds  of  thousands  were  brought  into 
the  temperance  ranks  in  1841  and  '42  by  this  movement.  In  this 
"  revival"  NEAL  Dow  distinguished  himself  by  his  diligence, 
frequently  lecturing  eight  and  ten  times  in  a  week.  Great  good 
was  effected  by  this  movement,  as  in  the  meetings  and  conventions 
held  in  connection  with  it,  the  subject  of  legal  prohibition  as  a 
remedy  for  the  liquor  traffic  was  discussed  from  time  to  time. 

2.  NEAL  Dow  took  the  strong  position,  that  "  if  the  rum  traffic 
could  not  be  outlawed,  no  permanent  ground  could  be  gained ;  and 
that  while  moral  suasion  was  to  be  used  with  the  inebriate,  the 
man  who  effected  the  ruin  must  not  only  no  longer  be  licensed 
in  his  horrid  work,  but  must  be  rooted  out  and  driven  from  his 
business  by  the  strong  arm  of  civil  power,  for  it  could  be  done  in 
no  other  manner."     To  this  one  object  did  NEAL  Dow  devote  his 
life  from  this  time  forward,  sparing  neither  labor  nor  money  to 
arouse  in  the  people  of  Maine  that  righteous  indignation  at  the 
atrocious  liquor  traffic  which  resulted  in  the  enactment,  in  1851, 
of  the  first  Prohibitory  Liquor  Law  in  the  United  States. 

3.  The  labors  by  which  this  great  victory  was  achieved  are 
worthy  of  a  permanent  record.     NEAL  Dow  first  advocated  the 
principle  of  prohibition  in  1839,  before  the  Board  of  Aldermen. 
He  then  succeeded  in  inducing  the  Board  of  Aldermen  to  refer 
the   question  of  license  or  no  license  to  the  direct  vote  of  the 
citizens  of  Portland.     In  a  vote  of  1,163  he  was  defeated  only  by 
a  majority  of  35.     The  fact,  however,  that  in  a  population  of 
about  15,000,  564  of  the  adult  male  citizens  had  voted  against 
granting  licenses  for  the  sale  of  liquor,  was  regarded  by  NEAL 
Dow  as  a  cheering  indication  of  ultimate  success.     With  char- 
acteristic ardor  he  continued  to  labor,  and  in  1842  the  Washing- 
tonian  movement  came  to  his  aid.     He  saw  the  great  advantage 
of  this  movement,  in  leading  to  the  overthrow  of  the  rum  traffic. 
But  the  rumsellers  also  saw  their  danger,  and  professing  great 
interest  in  the  Washingtonian  reform,  succeeded  for  a  time  in 
persuading  the  subjects  of  it  that  as  they  were  operated  upon  and 

15 


CHAP,  in.]  LIFE  OF   NEAL   DOW.  [SEc.  4-7. 


induced  to  abandon  their  cups  by  example,  and  kind  and  earnest 
appeals  to  heart  and  conscience,  so  no  coercive  measures  against 
the  rum  traffic  should  be  countenanced  by  them. 

4.  But  now  he  saw  that  if  the  better  part  of  the  community 
could  be  induced  to  make  a  decided  movement  for  the  overthrow 
of  the  rum  traffic,  it  might  be  accomplished.     He  therefore  at- 
tended temperance  meetings  everywhere  in  the  State,  to  demon- 
strate to  the  people,  who  assembled  in  great  numbers,  that  the 
rum  traffic  was  not  only  of  no  good  to  the  community  under  any 
circumstances,  but  was  the  prolific  source  of  infinite  evil,  and 
that  it  ought  not  to  be  tolerated. 

5.  At  length,  official  Conservatism  gave  way  before  the  force 
of  public  sentiment,  which  had  thus  become  influenced  by  that 
more   enlightened    Conservatism  which   recognizes   right,  just- 
ice, and  moral  principle  as  the  only  basis  of  permanent  peace 
and  prosperity  ;  the  authorities  of  Portland  refused  to  grant  any 
more  licenses  to  sell  intoxicating  liquor.     This  was  in  1843. 

6.  A  marked  feature  of  all  these  agitations  upon  the  subject 
of  license  or  no  license  was,  that  all  drunkards  and  drinking  men 
were  in  favor  of  license,  and  opposed  the  temperance  move- 
ment with  great  violence,  while  at  the  commencement  of  the  agi- 
tation great  numbers  of  good  men,  so  called — quiet   and  good 
citizens — either  stood  aloof  from  the  contest  or  took  open  ground 
in  favor  of  licenses.     Change  in  public  opinion  was  what  he  saw 
essential  to  success,  and  of  this  he  never  despaired,  and  in  this 
he  eventually  succeeded. 

7.  NEAL  Dow's  next  aim  was  to  secure  a  municipal  regulation 
which  should  render  the  whole  traffic  in  intoxicating  liquors  il- 
legal.    Unwilling  to  assume  this  responsibility,  the  authorities 
referred  this  question  to  a  vote  of  the  people.     The  progress 
made  in  public  sentiment  in  about  three  years,  chiefly  through 
the  exertions  of  NEAL  Dow,  was  indicated  by  the  result  of  this 
ballot.     From  a  minority  of  35  on  the  simple  question  of  with- 
holding licenses   in  1839,  we  find  him,  in  less  than  four  years, 
carrying  the  still  more  important  point — prohibition  of  the  liquor 
traffic — by  a  majority  of  440. 

16 


CHAP.  IV.]  LIFE  OF  NEAL   DOW.  [SEC.  1,  2. 


Who  can  tell  the  benefit  that  Is  to  come  from  that  one  man  whom  God  has  raised  up  to  be  the  originator 
of  this  measure  ?  By  this  law  you  treat  the  actual  instrument  as  the  criminal.  Knock  his  brains  out 
wherever  you  catch  him,  and  do  It  at  once. — REV.  DR.  TYNO,  of  New  York. 

TEMPERANCE    POLITICS. 

State  legislation  the  next  object  to  be  attained— Petitions  to  the  Legislature— Address  be- 
fore the  Legislature  of  the  State— The  bill  passes  the  House,  but  is  rejected  by  the  Senate 
— The  effort  repeated,  with  similar  results — NEAL  Dow  is  joined  in  his  efforts  by  the  tem- 
perance friends — The  people  appealed  to — Kenewed  agitation — Effects  on  the  public 
mind— Forty  thousand  petitioners  for  prohibition— Prohibition  becomes  the  issue  at 
elections— Passage  of  a  prohibitory  bill  in  1846— Difficulties  in  enforcing  the  law— At- 
tempt to  repeal  the  law  unsuccessful — Testimonial  from  the  Juvenile  "Washingtonians 
—Sustaining  the  law  expensive— Moneyed  citizens  still  standing  aloof— Agitation  for 
a  more  stringent  law— Drunkenness  again  predominant— Where  was  NEAL  Dow  ?— 
Passage  of  another  bill— Yeto  by  Governor  DANA. 

1.  THE  victory  thus  far  achieved  by  NEAL  Dow  was  by  no 
means  the   summit  of  his  laudable  ambition.     The  law  being 
merely  of  a  municipal  character,  and  without  the  direct  authority 
of  the  State,  was  only  enforced  by  such  magistrates  and  peace- 
officers  as  happened  to  be  favorable  to  it ;  and  as  their  influence 
was  small  compared  with  that  of  the  moneyed  interests  on  the  side 
of  rum  ;  and  as  the  enforcement  of  the  law  met  with  strong  and 
violent  opposition,  NEAL  Dow  was  led,  as  a  necessary  alterna- 
tive, to  apply  for  the  legislation  of  the  State.     Thus  the  very 
opposition  which  he  met  became  the  means  of  turning  his  atten- 
tion to  the  more  successful  plan,  the  opponents  blindly  pursuing 
the  course  which  tended  most  to  the  ruin  of  the  traffic  they  de- 
sired to  sustain. 

2.  In  1843,  NEAL  Dow  printed  and  circulated,  at  his  own  ex- 
pense, petitions  to  the  Legislature,  praying  for  a  stringent  law, 
and  "  that  the  traffic  in  intoxicating  drinks  might  be  held  and 
adjudged  as  an  infamous  crime."     The  petitions  were  received, 
and  in  February,  1844,  he  appeared  before  a  committee  in  the 
Representatives'  Hall  in  the  Capitol,  which  was  crowded  with  an 
intelligent  audience,  and  there,  with  his  own  convincing  argu- 

17 


CHAP.  IV.]  LIFE  OF  NEAL  DOW.  [SEC.  3,  4. 

merits  and  earnest  eloquence,  he  advocated  the  claims  of  the  pe- 
titioners. The  committee  reported  a  bill  favorable  to  his  views, 
which  passed  the  House,  but  was  unsuccessful  in  the  Senate. 

3.  In  the  fall  of  1844,  NEAL  Dow  again  printed  and  circulated 
petitions,  again  addressed  a  committee   in  the  Hall  of  Repre- 
sentatives, in  the  Capitol  at  Augusta,  but  with  no  better  success 
than  before.     From  this  time  the  friends  of  temperance  began 
to  bestir  themselves  generally.     They  determined  to  appeal  to 
the  "  sovereign  people."     Meetings  were  held  through  1844, '45, 
and  '46,  in  every  part  of  the  State.     NEAL  Dow  was  pressed  to 
attend  them,  and  zealously  did  he  pursue  the  work.     The  win- 
ter's cold,  the  summer's  heat,  snow,  rain,  exposure,  and  expense 
were  all  disregarded  when  his  duty  to  this  important  mission 
needed  his  attendance,  and  "  many,"  says  one  of  his  compan- 
ions in  traveling,  "  are  the  school  districts,  those  hiding-places 
of  power,  which  can  testify  to  the  force  of  his  reasoning,  the 
aptness  of  his  illustrations,  and  the  severity  of  his  animadver- 
sions  on  the  traffic  and  the  traffickers."     In  every  speech  his 
great  object  was  to  show  rumselling  to  be  an  infamous  crime, 
and  the  ballot-box  its  antidote.     The  faith  of  an  apostle  seemed 
to  inspire  him.     He  worked  like  one  who  knows  his  mission, 
and  he  never  doubted  his  ultimate  success,  but  knew  well  that  it 
could  only  be  secured  by  his  own  unceasing  diligence.     In  the 
spring  of  1846  he  traveled  over  four  thousand  miles,  within  two 
months,  in  the  counties  of  York,  Oxford,  and  Cumberland,  and  at 
numerous  meetings  he  came  in  contact  with  many  thousands  of 
citizens,  creating   a   deep-rooted   and  wide-spread    enthusiasm 
among  the  people  which  the  experience  of  years  has  fully  justi- 
fied.    The  conviction  which  he  impressed  upon  the   citizens 
was,  that  talking  and  working  for  temperance  would  do  little 
good  without  voting  for  it  as  well ;   and  there  can  be  no  better 
proof  of  the  lasting  character  of  the  conviction  he  produced  than 
the  fact  that  the  Legislature  became  at  every  election  more  and 
more  composed  of  Maine  Liquor  Law  men,  until  this  became  a 
test  of  universal  application  and  an  issue  at  all  elections. 

4.  In  July,  1846,  NEAL  Dow  appeared  again  before  a  com- 
18 


CHAP.  IV.]  LIFE  OF  NEAL  DOW.  [SEC.  5,  6. 

mittee  of  the  Legislature,  and  presented  one  petition  from  Rut- 
land, fifty-nine  feet  in  length,  with  three  thousand  eight  hundred 
names,  most  of  which  had  been  obtained  by  his  own  personal 
efforts.  That  it  might  be  seen  to  advantage,  it  was  suspended 
from  the  book-cases  on  either  side  of  the  speaker's  chair.  This 
was  followed  by  other  petitions,  and  the  aggregate  names  signed 
in  favor  of  prohibition  at  this  session  was  forty  thousand.  This 
heavy  pressure  from  without  could  no  longer  be  resisted  with 
impunity,  and  a  bill  abolishing  the  license  system,  and  leaving 
all  sale  forbidden,  was  passed  by  a  vote  of  eighty-one  to  forty- 
two  in  the  House,  and  twenty-three  to  five  in  the  Senate. 

5.  NEAL  Dow,  in  communicating  this  cheering  intelligence  to 
the  Secretary  of  the  American  Temperance  Union,  said,  "  This 
is  the  first  instance,  I  believe,  in  which  the  government  of  a  civ- 
ilized Christian  State  has  declared  by  statute  that  there  shall 
not  be  within  its  borders  any  traffic  in  intoxicating  liquors  to  be 
used  as  a  drink ;  and  that  if  any  such  liquors  shall  be  sold  for 
such  purpose,  under  any  circumstances,  it  shall  be  against  law 
and  equity  and  a  good  conscience.     It  was  enacted  in  answer  to 
petitions  of  more  than  forty  thousand  of  the  good  people  of  the 
State,  and  constitutes  the  first  blow  only  which  the  friends  of 
temperance  here  propose  striking  at  the  traffic  in  strong  drinks." 
It  will  be  seen,  therefore,  that  NEAL  Dow,  although  a  great  en- 
thusiast, conducted  the  work  with  the  coolness  and  judgment  of 
a  philosopher  and  the  foresight  of  a  statesman.     If  he  could  not 
secure  all  he  desired,  he  would  accept  whatever  the  Legislature 
would  grant,  and  patiently  labor  till  the  next  session,  again  to 
renew  his  exertions  for  more  perfect  legislation. 

6.  The  act  of  1846  for  a  time  produced  a  good  effect;  but  as 
the  penalties  for  its  violation  were  small  and  the  profits  large,  the 
law  was  evaded  by  a  variety  of  subterfuges.     The  greatest  diffi- 
culty, however,  in  its  proper  enforcement  was  the  inefficiency  of 
the  municipal  officers,  who  were  most  commonly  opposed  to  it, 
having  doubtless  been  aware  of  the  fact  that  to  rum-drinking  at 
elections,  and  not  to  any  merit  of  their  own,  they  were  indebted 
for  their  "  little  brief  authority  ;"  besides,  tavern-keepers  had 

19 


CHAP.  IV.]  LIFE  OF  NEAL  DOW.  [SEC.  7. 

been  their  political  friends,  and  would  be  again  if  the  traffic  were 
allowed  to  continue.  It  was  on  individual  citizens  that  this  work 
had  to  fall  throughout  the  State  ;  and  what  is  simply  the  duty  of 
a  civil  officer  is  often  regarded  as  officiousness  when  done  by"  a 
private  citizen.  It  was  therefore  only  such  men  as  dared  to  risk 
the  malice  of  unprincipled  liquor-sellers  and  the  condemnation 
even  of  personal  friends,  for  the  sake  of  preserving  law  and  good 
order,  that  could  be  induced  to  lay  the  necessary  information  to 
procure  convictions  before  the  civil  magistrate.  Such  men, 
however  benevolent  in  their  intentions,  were  subjected  to  the 
most  annoying  persecutions.  They  bore  personal  insult  and  the 
besmearing  and  burning  of  their  buildings  with  the  fortitude  of 
martyrs.  But  there  was  one  man  in  the  midst  of  all  this  excite- 
ment whose  boldness  and  disinterested  exertions  placed  him 
above  the  reach  of  the  most  infuriated  mobs.  When,  by  the  in- 
stigations of  the  rumsellers,  the  Court-house  was  assailed  by 
hundreds  of  misguided  men  for  the  purpose  of  assailing  the  wit- 
nesses, NEAL  Dow  would  walk  through  the  crowd  unarmed  and 
unharmed,  and  protect  the  witnesses  solely  by  the  force  of  his 
own  moral  courage  and  influence.  No  hand  was  raised  against 
him  or  those  under  his  protection.  Such  was  the  respect  which 
his  manly  courage  secured  even  among  his  exasperated  and 
deluded  enemies,  illustrating  the  truth  that 

"  He  is  thrice  armed 
Who  has  his  quarrel  just" 

7.  Amidst  all  the  difficulties  which  beset  him  on  every  side, 
NEAL  Dow  had  indications  of  the  growing  approval  of  the  peo- 
ple. To  a  mind  so  determined,  defeat  was  only  an  instigation  to 
renewed  exertions,  while  success  tended  to  strengthen  hope. 
Every  influence,  whether  favorable  or  unfavorable,  was  turned  to 
account  and  made  to  contribute  toward  ultimate  success.  Among 
the  most  encouraging  events  which  happened  at  this  period  was 
the  following,  indicating  that  the  young  people  of  his  native  city 
were  among  the  first  to  appreciate  his  exertions.  A  meeting  of 
the  Juvenile  Washingtonians  was  held  in  the  Exchange  Hall,  the 
20 


CHAP.  IV.]  LIFE  OF  NEAL  DOW.  [Sac.  8,  9. 

largest  room  in  the  city,  when  a  beautiful  gold  medal  was  pre- 
sented to  him,  bearing  on  the  obverse  the  following  inscription  : 

PRESENTED 

TO 

N  t  a  I    ID  0  to 

BY  THE 

JUVENILE  WASHLNGTONIANS, 

APEIL,  23,  1846. 

On  the  reverse  is  inscribed  the  appropriate  and  encouraging  motto, 

NEVER  GIVE  TIP 

— alluding  to  the  efforts  of  Mr.  Dow  in  persuading  the  people  that 
the  rum  traffic  is  inconsistent  with  the  public  good,  dangerous  to 
the  rising  generation,  and  that  it  should  consequently  be  pro- 
hibited. 

8.  The  liquor-dealers,  although  in  many  cases  still  continuing 
their  accustomed  calling,  found  themselves  subjected  to  so  many 
inconveniences,  that  in  1847  they  roused  themselves,  got  up  a 
petition  signed  by  seven  thousand  citizens,  covertly  gained,  for 
a  repeal  of  the  law.     This  was   confronted  by  a  loud  remon- 
strance from  the  friends  of  the  law.     Both  parties  were  heard  in 
the  Hall  of  Representatives  before  a  committee  of  the  Legisla- 
ture  and  a   numerous   audience,  including  a  majority  of  both 
Houses.     On  this  occasion  NEAL  Dow  made  a  speech  which  has 
been  described  as  one  of  "  burning  irony,  withering  rebuke,  and 
caustic  satire."     The  committee,  having  a  tavern-keeper  for  its 
chairman,  reported  a  bill  repealing  the  law  of  1846  ;  but  it  was 
refused  a  second  reading  in  the  House,  and  never  reached  the 
Senate. 

9.  To  sustain  a  law,  however,  so  weak  in  its  provisions,  was 
more  expensive  than  profitable,  and  NEAL  Dow  and  his  friends 
determined  to  agitate  the  idea  of  a  more  stringent  law,  so  as  to 
secure  such  a  legislature  as  would  enact  one.     This  brought  the 
subject  of  prohibition  into  coalition  with  the  old  "  party  lines"  in 
politics.     The  rum  traffic  was  then  left  to  its  own  course  of  un- 

21 


CHAP.  IV.]  LIFE  OF  NEAL  DOW.  [SEC.  10. 

licensed  illegality.  So  long  as  NEAL  Dow  and  his  friends  la- 
bored and  expended  their  means,  they  were  simply  let  alone  by 
the  respectable  and  influential  citizens  who  could  have  rendered 
essential  aid  in  the  work.  But  when  the  traffic  was  thus  left  to 
work  its  own  ruin,  drunkenness  set  in  like  a  flood  of  burning  lava. 
This  state  of  things  soon  began  to  alarm  the  peaceable  but  self- 
indulgent  citizens.  Parents  looked  with  deep  anxiety  on  the  ruin 
and  desolation  to  which  their  children  were  becoming  victims. 
The  questions, "  Where  is  NEAL  Dow  ?"  "  Can  nothing  be  done  ?" 
"  Is  there  no  remedy  ?"  were  asked  at  every  turn.  The  Mayor 
of  Portland  publicly  complained  of  the  increase  of  intemperance, 
but  said  he  could  see  no  remedy.  The  temperance  friends,  how- 
ever, rallied,  and  declared  that  the  election  of  temperance  men 
to  the  Legislature  would  secure  the  desired  result.  The  politi- 
cians of  both  parties  saw  that  temperance  men  would  alone  be 
successful  candidates  in  those  districts  at  all  enlightened  on  the 
subject  by  NEAL  Dow  and  his  co-workers.  The  struggles  at  the 
primary  elections  or  nominations  were  very  severe,  and  success 
was  often  doubtful;  but  having  gained  some  experience  in  po- 
litical tactics,  the  temperance  friends  persevered,  and  became 
more  than  a  match  for  their  besotted  opponents  of  both  political 
parties. 

10.  The  result  of  these  exertions  was  manifest  in  the  passage 
by  both  Houses  of  a  bill  in  1849,  which,  though  not  entirely 
satisfactory,  was  a  great  improvement  upon  the  former  bill. 
This  bill,  however,  was  vetoed  by  Governor  DANA,  which  proved 
to  him  an  act  of  political  suicide. 
22 


CHAP:V.]  LIFE  OF  NEAL  DOW.  [SEC.  1,  2. 


Dr.  TODD  once  opened  a  speech  on  peace  by  saying,  that  the  time  would  yet  come  when  the  science  of  war 
would  be  so  skillfully  practiced,  that  two  opposing  armies  would  meet  each  other,  prepared  to  annihilate  or 
be  annihilated  at  the  first  fire.  This  was  seven  years  ago,  In  Boston.  By  their  drugs,  the  liquor-dealers 
have  nearly  attained  to  this  perfection  on  their  side,  while  we  are  not  far  behind  them  on  ours  by  the  Maine 
Law. — REV.  DB.  MARSH,  of  New  York. 

BECOMES    MAYOR    OF    PORTLAND. 

Another  attempt,  and  defeat  in  the  Senate— An  indication  of  a  coming  victory— The  secret 
of  NEAL  Dow's  success — Sympathy  of  the  people — Defeat  of  party  politics — Nomination 
for  Mayor  of  Portland — Characteristics  of  the  opposition — Prejudices  of  the  politicians — 
Triumphant  election  as  Mayor  of  Portland — Improvements  in  Portland — Begponsibilitiea 
of  NEAL  Dow's  position. 

1.  STILL  persevering,  NEAL  Dow  again  appeared  in  the  Hall 
of  Representatives  in  August,  1850,  with  a  bill  of  his  own  draft- 
ing, subsequently  known  as  the  "  Maine  Law."     He  there  made 
another  of  his  clear,  logical  speeches,  and  pressed  the  adoption 
of  the  bill.     It  was  reported  in  the  House  and  adopted  without 
alteration,  but  it  was  lost  in  the  Senate  by  a  tie  vote.     This  in- 
dication of  a  coming  victory  inspired  the  friends  of  temperance 
with  a  new  hope  throughout  the  State,  and,  in  the  succeeding 
elections  in  the  fall,  many  a  zealous  advocate  of  the  temperance 
cause  was  elected  for  the  express  purpose  of  carrying  through 
the  new  bill. 

2.  The  secret  of  NEAL  Dow's  success  was  in  his  indomi- 
table energy,  his  talent,  and  his  tact.     He  was  constantly  en- 
gaged in  addressing  the  people  in  the  country  churches,  country 
school-houses,  and  in  groves,  persuading  them  that  their  interest 
and  those  of  their  children  required  the  extirpation  of  the  rum 
traffic,  and  that  they  could  easily  accomplish  this,  if  they  wished 
it,  by  their  votes.     Many  parts  of  the  country  which  he  visited 
were  newly  settled,  and  inhabited  by  hardy  pioneers  who  had 
themselves  subdued  the  native  forests,  and  who  lived,  conse- 
quently, in  a  style  of  primitive  simplicity,  and  could  not,  there- 
fore, easily  be  corrupted  by  rum  influence,  when  they  saw  the 

23 


CHAP.  V.]  LIFE  OF  NEAL  DOW.  [SEC.  3-5. 

truth  of  NEAL  Dow's  position.  These  tours  brought  him  into 
close  contact  with  masses  of  the  people,  and  into  sympathy  with 
them ;  and  while  he  acquired  their  confidence  and  respect,  he 
drew  down  upon  himself  the  hate  of  the  politicians  and  leaders 
of  the  political  parties,  because  he  disturbed  their  plans  and 
drew  away  the  voters  from .  their  blind  adherence  to  party,  and 
led  them  to  elect  men  only  who  were  in  favor  of  the  anti-rum 
movement. 

3.  For  several  years  had  he  devoted  himself  to  this  particular 
work  :  the  bringing  up  public  opinion — the  popular  feeling  of  the 
State — to  a  point  where  a  stringent  prohibitive  law  would  be 
sustained.     Politicians  of  all  parties  found  that  they  could  no 
longer  calculate  upon  the  results  of  elections,  and  were  no  longer 
sure  of  the  offices  for  themselves  and  their  friends.     They  no 
longer  dared  bring  a  barrel  of  rum  to  the  hustings — the  potent 
instrument  wherein  they  formerly  carried  elections — for  the  rum 
would  now  drive  away  the  respectable,  though  it  might  draw  the 
depraved.     The  people  were  thus  drawn  away  more  and  more 
from  their  old  party  attachments  to  the  new  movement  against  the 
grog-shops,  and  he  was  hated  more  and  more,  and  opposed  more 
and  more,  by  ail  the  seekers  after  office,  and  by  all  who  lusted 
after  the  spoils  of  political  victories. 

4.  It  was  under  these  circumstances  that  he  was  proposed  for 
mayor  of  his  native  city  in  April,  1851  ;  but  his  nomination  was 
violently  resisted  by  the  mere  politicians   of  all  parties,  who 
were  unable,  however,  to  prevent  the  masses  of  the  people  from 
making  the  nomination. 

5.  But  there  were  other  elements  of  opposition  to  him  besides 
those  composed  of  men  essentially  bad.     There  were  many  re- 
spectable and  influential  men  who  were  not  averse  to  temperance, 
but  who  disliked  agitation,  and  did  not  want  to  be  personally 
troubled  about  any  reform.     With  these  he  had  come  into  con- 
tact many  times  in  past  years,  as  their  influence  was,  in  fact, 
opposed  to  the  cause.     By  them  he  was  regarded  as  a  wild  and 
visionary  "  fanatic,"  who  "  would  neither  be  quiet  himself  nor 
permit  any  body  else  to  be  so."     And  though  they  had  gradually 

24 


CHAP.  V.]  LIFE   OF  NEAL   DOW.  [SEC.  6-8. 

and  almost  imperceptibly  come  up  to  the  proper  standard  under 
the  pressure  of  an  enlightened  public  opinion,  they  could  not 
forgive  him  the  past,  nor  consent  that  he  should  be  regarded  as 
an  enlightened  reformer,  rather  than  "  a  wild  schemer." 

6.  The  other  class  of  opponents,  numerous  and  influential,  con- 
sisted of  the  politicians  of  all  parties,  and  of  various  degrees  of 
talent  and  eminence,  who  had  made  political  intrigue  and  man- 
agement the  business  of  their  lives.     Some  of  these  men  had 
been  prominent  in  national  politics  ;  some  famous  in  State  poli- 
tics, but  unknown  beyond  ;  some  were  leaders  of  city  politics 
only,  and  aspired  to  be  themselves  city  officers,  or  to  say  who 
should  be  such,  and  others  again  were  famous  in  ward  caucuses 
only,  whose  voices  were  potential  in  determining  who  should  be 
councilmen  and  constables,  or,  at  least,  who   should  have  the 
honor  of  being  candidates.     All  these  politicians,   from  being- 
very  great  men,  suddenly  became  very  little  men  under  the  oper- 
ation of  the  temperance  movement,  and  they  naturally  regarded 
NEAL  Dow  as  the  author  of  their  fall,  and  hated  him  accordingly. 
They  opposed  him,  and  they  opposed  the  movement  because  it 
was  his  work. 

7.  Although  he  had  entered  the  political  arena  for  the  purpose 
of  promoting  his  favorite  object,  the  cause  of  temperance,  such 
was  the  respect  and  enthusiasm  in  his  favor  among  the  inde- 
pendent citizens  of  Portland,  that  before  he  could  achieve  the 
triumph  of  his  life,  the  passage  of  the  Maine  Law,  he  was  elect- 
ed mayor  of  Portland,  a  position  in  the  State  of  Maine  excelled 
only  by  that  of  Governor.    His  election  to  this  office  was  the  re- 
sult of  a  desire,  in  the  respectable  portion  of  both  political  par- 
ties and  men  of  no  party,  to  do  him  honor  ;  for,  although  nomi- 
nated by  the  Whigs,  there  were  many  Democrats  who  gave  him 
their  cordial  support,  and  he  was  elected  by  a  larger  vote  than 
any  of  his  predecessors.    The  news  of  this  triumph  was  received 
with  enthusiastic  approval  throughout  the  State. 

8.  To  realize  an  idea  of  NEAL  Dow's  true  position  at  this  in- 
teresting period  of  his  life,  we  must  bear  in  mind  the  changes 
which  had  taken  place  in  Portland  from  the  time  when  our  nar- 

2  25 


CHAP.  V.]  LIFE  OF  NEAL  DOW.  [SEC.  8. 

rative  commenced.  The  peninsula  was  still  there.  The  waters 
of  the  Casco  Bay,  of  Casco  River,  and  of  Black  Cove  still  wash- 
ed its  steep  and  rocky  cliffs,  and  dashed  its  spray  against  its 
stern  and  rugged  precipices.  The  majestic  hills,  dressed  in 
their  robes  of  white,  still  glistened  in  the  sunlight  at  the  extremity 
of  the  far-extended  scene  ;  and  the  tide  still  rolled  on  with  its 
wonted  regularity  in  that  noble  harbor.  These  things  were  un- 
changed. But  covering  the  two  hills  and  the  valley  between, 
there  had  arisen  long  lines  of  elegant  avenues  and  streets,  reach- 
ing from  one  extremity  of  the  peninsula  to  the  other — from  the 
summit  of  one  hill,  gradually  descending  to  the  base,  and  then 
as  gradually  rising  to  the  summit  of  the  other.  These  avenues 
being  planted  with  numerous  elms  and  other  favorite  forest  trees, 
and  ornamented  on  either  side  with  private  buildings,  of  almost 
every  variety  of  taste  in  architecture,  of  size  and  material,  to- 
gether with  eighteen  churches,  a  city  hall,  an  exchange,  and  a 
custom-house,  constituted  a  city  of  unusual  beauty  and  imposing 
appearance ;  while  the  harbor  had  become  the  resort  of  vessels 
of  the  heaviest  tonnage,  of  steamers,  and  all  the  various  smaller 
crafts  which  enlivened  the  scene  with  their  graceful  activity  and 
numerous  white  and  swelling  sails.  On  the  summit,  too,  of  the 
eastern  hill  stood  a  tower,  from  which  can  be  telegraphed  the 
first  appearance,  on  the  broad  surface  of  the  ocean,  of  the 
u  homeward  bound."  From  this  tower,  on  the  right,  was  to  be 
seen  the  long  bridge  of  the  Portsmouth,  Saco,  and  Portland  Rail- 
road crossing  the  upper  portion  of  the  harbor,  connecting  Portland 
with  the  city  of  Boston.  On  the  left,  that  of  the  Atlantic  and  St. 
Lawrence  Railroad,  connecting  this  important  sea-port  with  the 
great  lakes  at  Montreal  and  Quebec,  forming  a  striking  feature 
across  a  wide  portion  of  the  bay.  The  city  had  become  recently 
well  lighted  with  gas,  and  many  other  modern  improvements  were 
then  going  on.  The  population,  then  numbering  upward  of  21,000, 
was  rapidly  increasing.  New  streets  were  being  formed  at  both 
extremities  of  the  city,  and  the  formation  of  a  magnificent  prom- 
enade around  two  thirds  of  the  city  on  its  most  elevated  por- 
tions, were  works  requiring  much  energy,  prudence,  and  fore- 
26 


CHAP.  VI.]  LIFE  OF  NEAL  DOW.  [Sec.  1. 

sight  in  any  one  taking  upon  himself  the  responsible  position  of 
chief  magistrate.  While  NEAL  Dow  suddenly  became  installed 
into  an  office  involving  all  the  important  interests  connected  with 
such  a  growing  city,  and  while  he  performed  all  the  duties  of 
that  office  with  a  diligence,  punctuality,  and  promptness  which  a 
mere  politically  chosen  magistrate  seldom  dreams  of,  his  official 
position  caused  him  in  no  degree  to  relax  his  ardor  in  the  cause 
of  prohibition.  It  was  indeed  a  position  above  all  others  that 
could  have  been  desired  for  enabling  him  to  carry  out  in  practical 
detail  those  principles  for  which  he  had  so  long  and  so  arduously 
labored.  It  was  a  happy  circumstance,  and  viewed  in  connec- 
tion with  the  legislative  triumph  about  to  succeed,  and  the  ne- 
cessity for  at  least  one  magistrate  to  realize  the  spirit  of  the 
Prohibitory  Law,  in  order  to  prove  its  entire  practicability,  his 
election  as  mayor  may  be  regarded  as  a  proof  that  the  movement 
was  under  the  direction  of  an  all-wise  Providence,  for  the  accom- 
plishment of  its  great  and  beneficent  purposes  among  mankind. 


It  IB  a  matter  of  some  consequence  to  know  where  this  law  came  from  ;  not  the  pattern,  that  was  given 
In  the  mount  away  down  east,  in  Maine.  Did  the  clergy,  or  synods,  or  conferences,  or  associations  of 
Christians,  tinker  up  and  propose  this  law?  Did  it  come  from  the  lawyers,  from  the  wealthy,  from  the 
commercial  classes?  No,  it  came  from  no  such  quarter.  If  there  is  a  law  which  ever  had  its  origin,  its 
foundation,  and  all  its  springs  among  the  people,  and  grew  among  them,  and  worked  its  way  to  notice  from 
among  them— if  there  ever  was  a  democratic  law,  this  Is  that  law.  I  count  this  very  important,  because  it 
foretells  its  permanence  when  once  it  is  applied  to  all,  from  the  top  to  the  bottom.  Go  out  now  and  make 
nu  inventory  of  those  who  are  most  active,  and  although  we  shall  find  many  clergymen  who  acquiesce  in 
it,  and  are  very  glad  of  it,  and  lawyers  who  approve  it  not  a  few,  yet,  characteristically,  this  is  a  law 
which  has  been  demanded  more  by  the  people  than  any  other  class  in  this  country.— EEV.  HENBY  WAUD 
BEECHES. 

PASSAGE    OF    THE   MAINE    LAW. 

NEAL  Dow's  sixth  appearance  before  the  Legislature— Invectives  of  the  enemy— Enact- 
ment of  the  Maine  Law— The  force  opposed  to  the  execution  of  the  law— Proclamation 
of  the  Mayor — Two  months'  probation — First  enforcement  of  the  law — Seizure  of  liquors 
—Interest  felt  throughout  the  county  of  Cumberland— The  law  becomes  well  established. 

1.  HITHERTO  NEAL  Dow  had  labored  as  a  prirate  citizen  and 
philanthropist,  striving  for  the  achievement  of  a  moral  reform, 
but  from  this  time  he  appeared  as  endowed  with  the  additional 

27 


CHAP.  VI.]  LIFE  OF  NEAL  DOW.  [SEC.  2,  3. 

authority  of  official  position.  As  mayor  of  the  principal  city  of 
the  State,  he  again  appeared  in  the  House  of  Representatives  at 
Augusta.  It  was  on  the  25th  of  May,  1851,  the  sixth  time  of  his 
addressing  the  Legislature  on  this  subject.  The  representatives 
of  the  people  had  obtained  their  instructions  from  their  constit- 
uents. The  subject  had  been  discussed  throughout  the  State, 
and  had  been  the  issue  on  which  the  election  had  turned.  The 
action  of  the  government  was  all  that  remained  to  give  the 
people's  voice  the  authority  of  law.  Hon.  NEAL  Dow  spoke  for 
an  hour  and  a  half  in  his  usual  style  of  acute  reasoning,  strong 
sense,  and  impassioned  eloquence.  He  presented  a  bill,  which 
was  received  and  soon  after  acted  upon  by  the  Legislature. 

2.  While  the  bill  was  under  consideration  NEAL  Dow  was 
assailed  by  his  opponents  in  the  most  violent  manner,  and  bitter 
indeed  were  the  invectives  cast  upon  him.     "  Why,"  said  Sen- 
ator CAREY,  the  only  leading  man  in  the  Senate  who  spoke  in 
opposition  to  the  bill,  "  should  the  lord-mayor  of  Portland  come 
down  here  with  his  rum-bill,  all  cut  and  dried,  for  this  legislature 
to  enact  into  a  law  ?     If  this  bill  passes,  he  expects  to  be  the 
greatest  toad  in  the  puddle."     *     *     "  This  mandate,  this  ukase 
was  cut  and  dried  for  the  adoption  of  the  legislature  by  the  mayor 
of  Portland,  who  was  before  the  License  Committee,  pricking 
them  up  to  report  in  its  favor,  and  is  he  to  be  allowed  to  dictate 
to  a  democratic  legislature  what  enactment  it  shall  pass,  or  what 
policy  it  shall  pursue  on  this  question?" 

3.  Notwithstanding  the  force  of  opposition  arrayed  against  it 
in  the  House,  the  bill  speedily  passed  that  body  by  a  vote  of 
eighty-six  to  forty.    The  Senate  was  no  less  prompt  and  decided 
in  its  action,  as  it  immediately  passed  the  bill  without  alteration" 
or  amendment,  as  it  had  been  prepared  by  its  originator,  by  a 
vote  of  eighteen  to  ten.     The  Governor  signed  the  bill  on  the 
2d  of  June.     So  prompt  and  decided  was  the  action  of  the  legis- 
lative and  executive  departments  of  government  on  this  measure, 
that  from  the  time  it  was  taken  up  to  its  becoming  the  law  of  the 
State,  three  days  only  had  elapsed.     As  this  may  be  regarded  as 
too  rapid  for  judicious  legislation,  it  must  be  borne  in  mind  that 

28 


CHAP.  VI.]  LIFE  OF  NEAL  DOW.  [Sac.  4,6. 

the  question  had  been  under  the  consideration  of  the  people  and 
of  the  legislature  for  about  ten  years,  and  consequently  further 
debate  was  unnecessary  when  it  became  known  that  a  large  ma- 
jority were  in  favor  of  its  immediate  passage. 

4.  The  next  step  was  the  enforcement  of  the  law.     Hitherto, 
and  indeed  at  this  very  time,  the  enforcement  of  such  a  law  had 
been  looked  upon  as  a  moral  and  physical  impossibility  by  a  large 
number  of  the  citizens,  by  whom  NEAL  Dow  was  regarded  as 
one  of  the  most  impracticable  enthusiasts  that  had  ever  disturbed 
their  quiet  indifference  to  the  true  interests  and  progress  of  the 
State.     But  now  all  the  wise  predictions  of  these  very  practical 
men  were  to  be  tried  by  the  test  of  actual  experience. 

5.  Portland  was,  by  common  consent,  regarded  as  the  place 
on  the  action  of  which  depended  the  defeat  or  triumph  of  pro- 
hibition throughout  the  State.     A  large  and  important  sea-port, 
with  considerable  capital  invested  in  the  rum-trade  ;  one  distillery 
in  operation  and  another  in  course  of  erection ;   with  all  the 
nervous  fear  of  merchant-capitalists,  jealous  of  any  change  calcu- 
lated to  affect  the  "  interests  of  trade,"  with  about  three  hundred 
stores  devoted  to  the  sale  of  intoxicating  liquors  ;  a  large  foreign 
population,  both  Irish  and  German,  determined  to  "  maintain  their 
rights" — to  poison  and  be  poisoned — together  with  the  opposition 
of  politicians  and  demagogues  in  every  ward  of  the  city,  shouting 
their  loud  denunciations  on  NEAL  Dow,  and  their  patriotic  appeals 
to  the  "  sovereign  people,"  certainly  presented,  altogether,  an  ar- 
ray of  force  calculated  to  appall  ordinary  men.    The  Mayor,  how- 
ever, was  not  to  be  intimidated  by  threats  nor  frightened  by  the 
indications  of  violence.     He  was  too  good  a  general  to  show 
either  hesitation  or  fear.    With  the  confidence  of  a  man  who  has 
right  on  his  side,  and  the  support  of  the  moral  part  of  the  com- 
munity, he  issued  his  proclamation,  stating  his  determination  to 
enforce  the  law  to  the  letter  at  the  end  of  two  months  from  the 
period  of  its  approval  by  the  Governor.     This  step  showed  that 
he  tempered  his  enthusiasm  with  discretion,' justice,  and  right 
policy,  giving  ample  time  for  rumsellers  to  dispose  of  their  stock 
before  it  became  subject  to  confiscation  or  seizure. 

29 


CHAP.  VI.]  LIFE  OF  NEAL  DOW.  [SEC.  6-8. 

6.  During  this  period  of  two  months,  the  law  being  operative 
as  soon  as  approved,  the  rum-shops  rapidly  diminished ;  and 
when  the  period  of  probation  had  expired,  the  mayor,  ever  true 
to  his  word,  issued  search-warrants  for  such  places   as  were 
believed  to  continue  the  traffic.     The  first  seizure  was  directed 
by  the  mayor  in  person.     He  was  at  the  post  of  danger,  if  danger 
there  was,  to  show  that  he  did  not  fear  the  threats  which  had 
been  thrown  out,  of  personal  violence,  etc.     About  two  thousand 
dollars  worth  (at  market  prices)  of  liquor  was  seized  and  openly 
destroyed.     This  proceeding  was  witnessed  in  respectful  silence 
by  a  large  concourse  of  persons.     Where  were  "the  brave  de- 
fenders of  the  rights  of  the  citizens  and  their  firesides  ?"    Where 
were  the  men  who  had  declared  death  to  the  executors  of  the 
law  ?     One  courageous  man  and  a  few  policemen  put  the  law 
into  execution,  and  no  attempt  even  was  made  to  carry  the  threats 
of  those  political  demagogues  into  execution.     From  this  time 
the  most  vigorous  enforcement  of  the  law  excited  no  more  atten- 
tion than  the  enforcement  of  any  other  statute  for  the  preservation 
of  the  public  peace,  and  the  personal  attendance  of  the  mayor  no 
longer  became  necessary.     The  results  of  the  first  three  months 
of  Maine  Law  operations  were  published  in  an  address  to  the 
citizens  of  Portland  in  September,  1851,*  declaring  that  at  that 
time  there  were   no   places  where   liquors  were  openly  sold, 
and  only  a  few  where  they  were  sold  with  great  caution  and 
secrecy. 

7.  About  this  time  a  tract  was  issued  by  the  State  Temper- 
ance Society,  demonstrating  the  economy  of  the  Maine  Law,f 
showing  that  by  a  complete  enforcement  of  the  law  four  million 
dollars  a   year  would  be  saved  from  the  work  of  destruction, 
and  applied  to  the  promotion  of  health,  comfort,  education,  and 
all  the  true  interests  of  the  people. 

8.  From  all  parts  of  the   country  good  men  looked  on  with 
interest  to  see  what  would  come  of  it,  and  remarked,  that  the 
"Maine  Law"  (as  that  name   was  soon  given  to  the  measure 

»  See  Remits  of  Prohibition  in  Maine,  Chap;  II.,  Sec.  41-47. 
t  See  RfvuUs  of  Prohibition  in  Maine,  Chap.  I.,  Sec.  43. 
30 


CHAP.  VH.]  LIFE  OF  NEAL  DOW.  [SEC.  1. 

everywhere)  would  have  fallen  dead  and  been  inoperative  if 
NEAL  Dow  had  not  been  mayor  of  Portland,  and  thus  have  been 
in  a  position  to  execute  its  requirements. 

9.  NEAL  Dow's  example  was  immediately  followed  by  the 
mayors  and  municipal  authorities  of  other  cities  and  towns  in  the 
State,  and  thus  the  act  was  established  as  a  fait  accompli. 


In  prosecuting  this  work  Mr  Dow  has  been  possessed  of  the  true  spirit  of  the  reformer.  He  has  never  sat 
down  in  despondency  and  brooded  over  evils  as  incurable.  That  trait  has  not  belonged  to  him.  Nor  has 
he  spent  his  time  in  cutting  off  the  outer  branches  of  the  upas  tree,  and  circumscribing  its  limits,  bnt  he  haa 
at  once  struck  at  the  root,  never  fearing  that  in  its  sudden  overtlirow,  with  its  trunk  and  mighty  branches, 
It  would  involve  him  in  destruction. — EEV.  DB.  MARSH,  of  New  York. 

TERMINATION  OF  MAYORALTY. 

Receives  testimonial  from  the  citizens  of  Bangor — Memoir  in  American  Temperance 
Magasme — First  six  months'  experience  of  Maine  Law  enforcement — "  Carrying  matters 
to  an  extreme" — Seasons  for  rigid  enforcement  of  the  law — Banquet  at  New  York — 
Testimonial  of  the  National  Temperance  Society— Preparations  for  Portland  municipal 
election— Eeleased  from  official  duties— Tour  in  the  Northern,  Western,  and  Middle 
States,  and  Canada. 

1 .  As  a  gratifying  indication  that  his  labors  were  being  ap- 
preciated in  other  portions  of  the  State,  we  may  mention,  that 
soon  after  the  passage  of  the  Maine  Law,  NEAL  Dow  received 
from  some  of  the  citizens  of  Bangor  a  beautiful  silver  pitcher,  on 
which  are  exquisitely  wrought,  in  high  relief,  the  following  ap- 
propriate devices :  on  one  side  the  officers  of  the  law  are  exe- 
cuting penalties  upon  numerous  casks  and  packages  of  liquor,  by 
pouring  their  contents  out  upon  the  ground,  while  on  the  background 
is  a  tenantless  jail,  and  in  the  distance,  prosperous  commerce  is 
represented  by  a  ship  under  full  sail.  On  the  other  side  of  the 
pitcher  is  a  rural  scene  :  a  cottage  embowered  in  a  grove  of 
trees,  with  a  fountain  of  playing  waters  in  front.  Around  the 
base,  the  handle,  and  top  of  the  pitcher  are  wreaths  and  leaves 

31 


CHAP.  VII.]  LIFE  OF  NEAL  DOW.  [SEC.  2-4. 

of  flowers.    The  following  inscription  is  exquisitely  engraved  on 
the  pitcher  : 

PRESENTED    TO 

Weal  *D0m,   (£04., 

MAYOR    OF    PORTLAND, 
BY  A  FEW 

OF  THE 

FKIENDS  OF  TEMPEEANCE  IN  BANGOE  AS  A  SMALL  TOKEN  OF 
THEIE  EEGAED  FOE  HIS  VALUABLE  SEEVICES 

IN 

PROCURING  THE  PASSAGE   OF   THE   LAW   OF   1851, 

FOE  THE 

SUPPEESSION  OF  "DEINKING-HOUSE9  AND  TIPPLING-SHOPS." 

2.  On  the  1st  of  January,  1852,  there  appeared  in  the  Amer- 
ican Temperance  Magazine  an  excellent   sketch  of  the  life  of 
NEAL  Dow,  from  the  able  pen  of  Rev.  Dr.  MARSH,  the  Secre- 
tary of  the  American  Temperance  Union,  and  the  distinguished 
conductor  of  the  temperance  movement  in  New  York.     From 
this  sketch  we  have  collected  some  of  the  facts  presented  in  the 
present  memoir,  and  hereby  respectfully  express  our  grateful 
acknowledgments  for  the  same. 

3.  On  the  15th  of  January,  1852,  the  mayor  of  Portland  pre- 
sented a  statement  to  the  Board  of  Aldermen*  indicating  the 
results  of  the  first  six  months'  experience  of  the  Maine  Law, 
from  which  it  appeared  that  the  law  had  been  rigidly  enforced 
and  cheerfully  and  quietly  submitted  to  by  the  people.     That  the 
wholesale  dealers  promptly  abandoned  the  business,  and  all  re- 
tailers who  had   self-respect  pursued  the   same   course.     The 
results  as  to  reclamation  from  intemperance,  public  health,  peace, 
etc.,  were  reported,  together  with  the   returns  from  the  alms- 
house,  house  of  correction,  etc.,  which  deserve  special  attention, 
as  indicating  the  practical  advantages  resulting  from  the  proper 
enforcement  of  the  law. 

4.  While  mayor  he  was  indefatigable  in  bringing  the  secret 

*  See  R&ndte  of  ProliibiUon  in  Maine,  Chap  II.,  Sec.  58-82. 
32 


CHAP.  VH.]  LIFE  OP  NEAL  DOW.  [SEC.  5. 

rumseller  to  justice,  and  thus  the  old  cry  was  raised  against 
him,  that  he  was  carrying  things  to  extremes.  Many  excellent 
persons,  who  were  really  temperance  men  and  his  friends,  feared 
he  was  carrying  matters  with  too  high  a  hand,  and  counseled 
more  moderation.  They  said  his  course  would  stir  up  all  the 
bad  passions  of  bad  men,  and  they  would  exert  themselves  to 
the  utmost  to  defeat  him  the  next  year.  His  reply  was,  that  such 
an  opposition  was  inevitable  and  such  a  result  probable.  That 
if  he  should  pursue  the  course  indicated  by  them,  not  much  would 
be  accomplished,  and  at  the  end  of  the  year  the  law  would  lose 
credit  as  a  failure.  But  if  he  could  succeed  in  extinguishing 
the  rum-traffic,  then  whoever  might  be  mayor,  and  whatever  re- 
laxation might  ensue,  the  results  of  1851  would  stand  as  a  dem- 
onstration of  the  power  of  the  law  when  well  enforced.  How 
much  the  world  is  indebted  to  NEAL  Dow  for  this  determination 
to  prove  the  efficiency  of  the  prohibitory  principle  !  No  one  can 
read  of  the  results  of  this  great  experiment,  carried  on  by  NEAL 
Dow  in  the  face  of  the  opposition,  not  only  of  enemies,  but  of 
friends,  without  seeing  that  it  was  the  only  true  course  by  which 
to  succeed.  Any  compromise  measure  would  have  been  fatal 
to  the  cause,  and  a  failure  in  Portland  would  have  had  a  most 
discouraging  influence  on  the  movement  everywhere.  But  be- 
ing so  successful  there,*  its  progress  has  everywhere  been  of 
the  most  marked  and  decided  character. 

5.  By  this  time,  and  as  the  facts  of  the  success  of  prohibition 
in  Maine  became  known,  NEAL  Dow  began  to  receive  invita- 
tions to  attend  meetings  in  distant  States,  where  the  friends  of 
temperance  assembled  to  do  honor  to  the  man  and  to  celebrate 
the  triumphs  of  the  cause,  which  he  had  so  ably  conducted  to 
such  unprecedented  and  unexpected  victories.  Among  the  meet- 
ings which  he  attended  was  one  at  the  city  of  New  York,  on 
the  18th  of  February,  1852,  in  the  Metropolitan  Hall,  where  a 
magnificent  banquet  was  given  by  the  National  Temperance  So- 
ciety. It  was  a  company  of  elegantly-dressed  ladies  and  gentle- 
men, such  as  New  York  might  well  be  proud  of.  At  this  banquet, 

*  See  Kesulte  ofProMUUon  in  Maim,  Chap.  II.,  Bee.  36-118. 

2*  33 


CHAP.  Vn.]  LIFE  OP  NEAL   DOW.  [SEC.  G. 

held  in  honor  of  the  Mayor  of  Portland,  General  SAMUEL  HOUS- 
TON, the  senator  from  Texas  and  hero  of  Texan  Independence, 
on  behalf  of  the  National  Temperance  Society,  presented  him 
with  a  magnificent  gold  medal  worth  $100.  The  obverse  of  the 
medal  bears  as  a  device,  a  waterfall  with  an  eagle  hovering  over 
it,  and  mountains  in  the  distance.  On  the  reverse  is  the  follow- 
ing inscription : 

PRESENTED 
TO 

N  e  a  I    D  o  tu 

FOE 

EMINENT    SEEVICES 

IN  THE 

CAUSE    OP    TEMPERANCE, 
NEW  YOKE, 

FEBRUARY    13,    1852; 

6.  The  termination  of  NEAL  Dow's  official  term,  and  the  elec- 
tion of  a  mayor  for  the  year  ensuing,  next  became  a  subject  of 
solicitude  among  friends  and  enemies  of  the  movement  through- 
out the  whole  country.  The  Portland  municipal  election  began 
to  assume  a  national  importance,  and  the  result  was  looked  for- 
ward to  with  the  most  intense  anxiety.  It  was  thought  by  the 
enemies  of  temperance,  and  particularly  by  the  entire  liquor 
interest  of  the  country,  that  his  defeat  would  insure  the  repeal 
of  the  law,  and  bring  on  a  reaction  in  which  rum  would  rule. 
Accordingly  the  most  extensive  arrangements  and  preparations  for 
the  election  were  made  by  those  who  engaged  deep  in  the  liquor 
traffic.  Large  sums  of  money  were  obtained  from  the  trade  in 
Boston,  and  considerable  contributions  from  distillers  and  liquor- 
dealers  elsewhere.  Agents  were  employed  to  go  through  the 
interior  towns  and  procure  certificates  from  traders  and  others 
interested  in  the  traffic,  to  the  effect  that  the  enforcement  of  the 
law  had  nearly  ruined  the  business  of  the  State,  and  that  the 
traders  in  the  interior  were  compelled  to  resort  to  Boston  as  a 
market  town.  Agents  were  also  employed  to  go  through  the 
lines  of  railroads  which  ware  in  progress,  and  arrange  for  the 
34 


CHAP.  TO.]  LIFE  OP  NEAL  DOW.  [Sec.  7. 

Irish  laborers  to  go  to  the  city  to  vote.  Many  of  these  were 
brought  to  the  poll  who  had  no  right  to  vote,  but  they  did  not 
hesitate  to  take  the  oath  prescribed.  Hundreds  of  naturalization 
tickets  were  brought  from  Boston  and  placed  in  the  hands  of 
Irish  laborers  and  others,  who  personified  those  to  whom  the 
tickets  had  been  originally  granted.  Several  hundreds  of  these 
non-residents  voted,  and  then  vanished  from  the  city.  It  was 
well  known  that  NEAL  Dow  would  have  a  large  majority  of  the 
legal  votes  of  the  city,  so  that  it  was  only  by  fraud,  perjury,  and 
false  voting  that  he  could  by  any  possibility  be  defeated,  and  as 
these  were  employed  extensively,  that  object  was  secured,  and 
in  April,  1852,  he  was  released  from  his  official  duties  as  mayor 
of  Portland. 

7.  With  his  usual  tact  in  turning  temporary  defeat  into  per- 
manent triumph,  he  took  advantage  of  his  release  from  the  ardu- 
ous duties  of  office,  and  devoted  himself  to  the  work  of  spread- 
ing "  the  infection11  over  the  country,  and  made  extensive  tours 
through  almost  all  the  Northern,  Western,  and  Middle  States, 
and  Canada.  He  was  almost  constantly  absent  on  these  tours, 
attending  innumerable  meetings  of  the  people,  so  that  the  rum- 
sellers  themselves  said  they  had  made  a  mistake  in  defeating 
him,  as  he  had  done  vastly  more  mischief  than  he  would  have 
done  as  mayor.  The  success  of  his  missionary  efforts  is  in- 
dicated in  the  present  feeling  of  the  country  on  the  great 
question  of  prohibition,  and  the  extent  to  which  it  has  been 
adopted  as  the  law  of  the  land.*  He  was  everywhere  hailed 
with  enthusiasm  as  the  acknowledged  leader  of  the  prohibition 
movement,  and  his  popularity  has  gone  on  increasing  with  the 
triumphs  of  his  cause,  as  State  after  State  has  added  its  tribute 
to  his  well-earned  fame,  by  adopting  his  principles  as  its  own  by 
legal  enactment.  The  "  infection"  is  still  going  on.  Already 
has  it  gone  throughout  the  British  Provinces  and  crossed  the 
wide  Atlantic,  until  wherever  the  Anglo-Saxon  race  is  predom- 
inant the  Maine  Law  is  regarded  as  likely  to  become,  sooner  or 
later,  the  law  of  the  land. 

*  Sco  Map  showing  the  extent  of  Prohibition  in  the  United  States, 

35 


CHAP.  Vni.]  LITE   OF   NEAL   DOW.  [SEC.  1. 


As  to  the  call  for  the  Maine  Law,  ask  the  first  man  you  meet,  and  the  next,  and  the  next ;  ask  the  moth- 
ers of  Maine,  the  wives,  the  sisters,  the  daughters.  If  the  tears  which  the  women  of  Maine  have  shed  over 
their  broken  hopes  and  desolate  hearths  could  have  drowned  the  accursed  monster,  it  would  have  been  long 
ago  swept  away  before  a  flood  of  bitter  anguish. — L.  M.  SABGJSNT,  ESQ. 

NEW    MAINE    LAW. 

NEAL  Dow's  influence  on  the  Massachusetts  Legislature— Testimonial  ol  New  Jersey  cit- 
izens— Succeeding  municipal  election  in  Portland — Banquet  and  presentation  in  Phila- 
delphia—Portland municipal  election  of  1854— The  moderate  policy  of  the  Portland 
executive — Expectations  of  the  people. 

1 .  As  an  evidence  of  the  force  of  his  reasoning  we  may  men- 
tion, that  on  one  occasion  in  1851  there  was  a  proposition  in  the 
Massachusetts  Legislature  to  build  a  vast  asylum  in  that  State 
for  inebriates.  NEAL  Dow  wrote  a  short  letter  to  one  of  the 
members,  which  was  read  on  the  floor  of  the  House.  It  stated, 
that  calculating  there  were  4,500  inebriates  in  the  State,  nine 
establishments  as  large  as  the  hospital  at  Worcester  would  be 
required  to  accommodate  them.  That  the  cost  of  maintaining 
each  inebriate  would  be  $50  a  year,  making  a  charge  of  $225,000 
for  the  inebriates  and  $1,108,000  for  the  buildings.  But  this 
would  be  no  objection  if  it  were  effectual.  When  cured  they 
would  go  out,  and  be  drawn  into  places  of  temptation,  to  be  mad- 
dened, crippled,  and  sent  back  again ;  and  as  they  left  or  died,  a 
new  supply,  created  by  the  rum-shops,  would  come  in  to  be  taken 
care  of  or  reformed  by  the  State.  "  But  what,"  it  was  asked, 
"  can  be  done  ;  shall  we  not  have  compassion  on  the  inebriate  ?" 
"  Yes,"  said  NEAL  Dow,  "  but  take  care  of  the  country,  and 
break  up  the  business  by  which  inebriates  are  made.  Instead 
of  imprisoning  many  thousands  in  magnificent  hospitals,  imprison 
a  few  dozen  rumsellers  in  common  jails,  and  your  drunkards  may 
go  at  large  thoroughly  reformed  and  no  new  ones  made."  This 
letter  was  a  death-blow  to  the  project,  and  Massachusetts  has 
since  acknowledged  the  force  of  the  reasoning  by  adopting  the 
suggestion,  and  thereby  proved  the  truth  of  the  prophecy.* 

*  See  Results  of  Prohibition  m  MassacJiusetts. 
36 


NEW  JERSEY  TESTIMONIAL 


CHAP.  Vm.]  LIFE   OF   NEAL   DOW.  [Sec.  2. 

2.  On  the  26th  of  January,  1853,  there  was  a  large  gathering 
of  citizens  in  the  Methodist  church  at  Trenton,  New  Jersey,  on 
Avhich  occasion  Rev.  THEODORE  L.  CUYLER,  now  of  New  York, 
an  able  and  distinguished  preacher,  and  champion  of  temperance, 
presented  to  NEAL  Dow  a  magnificent  silver  pitcher  of  the  value 
of  $200,  bearing  the  following  inscription  : 


RESENTED 

TO 


BY  THE 

STATE  CENTRAL  COMMITTEE. 

ITNT    BEHALF  OF   HIS   FRIENDS 

IK 

NEW  JERSEY. 

TRENTON,  JANUARY  26,  1853. 

The  pitcher  is  eighteen  inches  high,  standing  upon  a  base  with 
a  Roman  border,  and  covered  with  leaves,  flowers,  and  fruits,  all 
in  high  relief.  On  the  right  are  barrels,  bottles,  and  demijohns, 
all  broken,  and  their  contents  running  away,  with  jets  d'eau,  and 
trees,  and  foliage.  On  the  left  sits  the  Goddess  of  Liberty,  bear- 
ing the  arms  of  New  Jersey  in  the  same  shield  with  those  of 
Maine.  In  her  right  hand  she  holds  aloft  a  liberty  pole  and  cap, 
and  at  her  feet  are  the  fasces  and  axe.  She  sits  in  a  posture  of 
great  dignity,  her  hair  and  robes  flowing  freely  and  gracefully, 
and  smiles  wreathe  her  features  as  she  observes  numerous  officers 
of  the  law  executing  its  penalties  upon  puncheons  and  barrels  of 
liquor,  the  heads  of  which  they  break  in  with  great  hammers, 
while  their  contents  overflow  the  ground.  She  is  overarched  by 
oaken  trees,  and  is  surrounded  by  foliage.  In  front  is  a  shield, 
on  which  are  balances  and  the  inscription,  "  Solus  Populi  Su- 
prema  Lex"  The  handle  is  surmounted  by  a  spread  eagle  bear- 
ing the  national  arms  on  a  shield,  while  the  national  flag  falls 
around  in  graceful  folds.  All  the  ornaments  and  devices  are  in 
alto  relievo,  and  are  executed  in  the  most  perfect  manner,  credit- 

37 


LIFE  OF  NEAL  DOW.  [SEC.  3,  4. 


able  to  the  designers,  and  forming  a  noble  specimen  of  American 
art. 

3.  The  municipal  election  in  1853  was  similarly  carried  to  the 
former.    Not  that  the  mayor  whom  they  elected  was  not  a  temper- 
ance man  ;  no  force  or  fraud  could  have  elected  a  decided  mem- 
ber of  the  rum  party,  but  by  supporting  reputed  temperance  men, 
they  accomplished  their  main  object,  which  was  to  defeat  NEAL 
Dow.     Poor  deluded  victims  of  infatuation  !  they  knew  not  the 
strength  of  truth,  nor  of  the  man  whom  they  attempted  to  defeat. 
They  thought  they  would  annihilate  the  movement  by  this  trick- 
ery and  injustice.     But  their  petty  triumphs  only  gave  opportu- 
tunity  for  the  cause  to  grow  in  the  affections  of  the  people,  and 
the  results  of  their  inroads  upon  law  and  order  only  tended  to 
increase  the  friends  of  temperance.     Although  open  violation  of 
the  law  was  seldom  resorted  to  in  Portland,  yet  clandestine  sales 
were  doing  a  work  of  death  and  destruction  during  the  laxity  in 
the  execution  of  the  law  which  followed  the  termination  of  NEAL 
Dow's  mayoralty.     The  rum  organs  throughout  the  country  en- 
deavored to  make  capital  out  of  these  circumstances,  in  order  to 
show  that  the  Maine  Law  was  a  failure  in  its  own  home.     But 
all  who  understood  Maine  politics  and  the  tactics  of  the  Portland 
rum  party,  knew  well  that  the  law,  where  and  when  properly  en- 
forced, accomplished  all  that  was  expected  of  it  by  its  originator, 
and  that  its  secret  violation  was  the  result  of  a  non-enforcement 
of  the  law. 

4.  The  friends  of  temperance,  however,  throughout  the  coun- 
try knew  how  to  regard  the  assertions  of  the  rum-prints,  and  how 
much  credit  could  be  attached  to  them.     NEAL  Dow  was  a  wel- 
come guest  wherever  he  went.     On  the  20th  of  January,  1854, 
a  magnificent  banquet  took  place  at  the  hall  of  the  Chinese  Mu- 
seum, Philadelphia,  where  upward  of  1,500  ladies  and  gentle- 
men  assembled  to  do  him   honor.      Judge   KELLEY  presided. 
After  a  few  happy  and  appropriate  remarks  by  the  Judge,  which 
elicited  at  intervals  enthusiastic  applause,  the  Rev.  Mr.  CHAM- 
BERS rose  for  the  purpose  of  presenting  Mr.  Dow  a  magnificent 
service  of  silver,  which  rested  upon  a  table  in  the  center  of  the 

38 


CHAP.  Vm.]  LIFE  OF  NEAL  DOW.  [SEC  6. 


platform,  in  full  view  of  the  auditory.  The  presentation  was 
made  in  Mr.  CHAMBERS'  usual  felicitous  manner,  and  responded 
to  by  Mr.  Dow  in  a  speech  expressive  of  his  thanks  for  the 
honor  conferred  upon  him  by  his  Pennsylvania  friends,  and  full 
of  information  in  regard  to  the  progress  in  the  United  States  of 
the  temperance  cause.  The  cost  of  the  plate,  was  over  $500. 
Several  speeches  succeeded,  interspersed  with  music  from  a  rich 
brass  band.  The  banquet  and  presentation  were  not  only  highly 
complimentary  to  Mr.  Dow,  but  to  the  ladies  and  gentlemen  who 
were  engaged  in  it.  Rev.  Dr.  MARSH,  who  was  present,  makes 
the  following  observation  in  relation  to  the  banquet  : 

0,  how  much  more  becoming,  we  said,  is  this  to  a  Christian  people,  than 
great  banquets  and  presentations  to  men  who  have  invented  some  new  in- 
strument of  human  destruction,  or  led  armies  to  glory  through  rivers  of 
Wood.  There  stood  before  them  a  meek,  humble  man,  who  had  taught  na- 
tions how  to  have  no  poor  ;  almost  no  crime  ;  no  jails  and  penitentiaries,  or 
hospitals  for  drunken  maniacs  ;  and  how  to  save  enough  year  by  year  al- 
most to  sustain  all  their  civil  and  religious  institutions.  Well  might  they 
give  honor  to  NEAL  Dow. 

The  service  is  of  massive  silver,  beautifully  wrought,  and  chased 
and  embossed,  all  in  the  highest  style  of  art  and  workmanship. 
It  bears  the  following  inscription  : 

PRESENTED 
TO 

§0n.   Weal   SDoto, 

ATJTHOK  OF  TUB 

MAINE     LIQUOR     LAW. 

BY  HIS 

FBIENDS  IN  PENNSYLVANIA. 

JANUABT  20,  1854. 

5.  The  election  of  mayor  in  1854  was  in  favor  of  a  gentleman 
who  had  been  unfortunate  in  business,  and  as  a  salary  is  attached 
to  the  office,  the  citizens  elected  him  as  a  mark  of  respect  and 
as  a  means  of  assisting  him  in  his  misfortune.  He  was  a  re- 
puted temperance  man,  but  in  order  to  prevent  the  election  of 

39 


CHAP.  VIE.]  LIFE  OF  NEAL  DOW.  [SEC.  6. 

NEAL  Dow,  the  rum  party  were  glad  to  support  him.  During 
his  mayoralty,  however,  the  "  moderate  policy"  of  the  city  ex- 
ecutive, which  had  been  tried  for  nearly  three  years,  had  fallen 
into  disfavor  with  the  citizens.  It  was,  consequently,  the  almost 
universal  expectation  of  the  Portland  people  that  NEAL  Dow 
would  be  elected  mayor  at  the  then  coming  election,  1855,  with- 
out opposition.  That  event,  however,  was  a  much  more  signal 
victory  than  it  could  have  been  without  a  contest,  as  will  be  pre- 
sently seen. 

6.  NEAL  Dow  had  closely  and  carefully  observed  the  work- 
ings of  the  Maine  Law  :  its  evasions  and  its  successful  enforce- 
ment in  various  parts  of  the  State.  It  had  been  also  adopted, 
in  principle  at  least,  in  Connecticut,  Massachusetts,  Michigan, 
Rhode  Island,  and  Vermont  with  varied  success.  It  had  passed 
through  the  ordeal  of  courts,  where  judges  and  counsel  used 
their  best  tact  and  talent  to  prove  its  inefficiency  or  its  incon- 
sistency with  the  constitutions  of  the  several  States.  From  the 
experience  thus  acquired,  he  determined  upon  certain  improve- 
ments in  order  to  render  the  Maine  Law  more  stringent,  so  as  to 
meet  the  requirements  of  the  case.  He  well  knew  that  the  peo- 
ple and  their  representatives  at  the  State  capitol  would  readily 
adopt  any  measure  he  might  deem  necessary  to  the  complete 
extirpation  of  the  rum  traffic.  He  therefore  prepared  a  draft  of 
a  new  bill  embodying  these  improvements,  and  making  the  law 
more  stringent  than  ever.  This  bill  passed  the  Legislature,  and 
was  signed  by  the  Governor  on  the  16th  of  March,  1855,  to  take 
effect  on  the  1st  of  May  following. 
40 


CHAP.  IX.]  LIFE  OF  NEAL  DOW.  [SEC.  1 


There  is  no  man  In  the  State  •whom  It  takes  so  many  votes  to  elect  or  defeat  as  NEAL  Dow.  If  he  will 
accept  the  office,  the  people  will  make  him  Governor  of  the  State,  as  successor  to  the  present  incumbent.— 
New  fork  Independent. 

RE-ELECTION   AS   MAYOR. 

Preparations  for  the  coming  contest — The  coalition  of  parties  opposed  to  NEAL  Dow — The 
"  cold-water  army"— Prepared  for  the  conflict— The  Board  of  Aldermen— The  gentleman 
from  Boston— Mr.  SANBOKN  votes  himself  a  seat— New  law  in  regard  to  voters— Attempt 
to  violate  the  law  by  Mr.  SANBOBN  and  the  liquor  aldermen— Noble  resistance  of  the 
three  temperance  aldermen — The  Board  adjourns  without  doing  any  business — Morning 
meeting — Another  attempt  to  violate  the  law — Names  smuggled  on  to  the  list  of  voters — 
List  of  voters  adopted  under  protest— Triumphant  election  of  NEAL  Dow— National  in- 
terest in  the  subject. 

1.  As  the  period  (April  3,  1855)  for  electing  a  mayor  of  Port- 
land drew  near,  such  was  the  universal  sentiment  among  the 
respectable  citizens  as  to  the  certainty  of  NEAL  Dow's  election 
unopposed,  that  no  arrangements  were  made  for  a  contest  by  the 
temperance  party  until  within  a  few  days  of  the  election.  The 
first  indication  of  a  contest  made  its  appearance  about  ten  days 
before  the  day  of  election,  in  the  form  of  a  call  for  a  public  meet- 
ing, issued  by  Mr.  POORE,  a  Whig,  of  the  State  of  Maine  news- 
paper, with  signatures  attached  to  it  by  citizens,  many  of  whom 
were  known  to  declare  subsequently,  that  when  they  signed  the 
call  they  did  not  know  that  the  meeting  was  intended  to  oppose 
Mr.  Dow's  election.  The  meeting  was  called,  and  Mr.  McCoBB 
was  nominated  as  the  candidate,  on  what  was  called  the  "people's 
ticket."  The  next  step  was  to  secure  the  support  of  the  remnant 
of  the  "  Old  Line  Democracy,"  and  accordingly  a  meeting  of  the 
Democrats  was  called,  and  the  McCoBB  nomination  was  adopted 
by  the  office-holders  of  the  custom-house  and  such  as  desired  to 
carry  favor  with  the  administration  at  Washington,  with  a  view 
to  future  patronage.  The  "  Honorable  Rum  Party,"  as  they  have 
called  themselves,  therefore  consisted  of  rum-loving  Whigs  and 
Democrats,  place-holders  and  place-hunters,  all  well  backed  by 
Boston  liquor-merchants  and  "the  trade"  of  all  political  com- 
plexions. 

41 


CHAP.  IX.]  LIFE   OF  NEAL  DOW.  [SEC.  2-3. 

2.  The  "  cold-water  army"  were  soon  on  the  alert.    They  had 
gained  too  much  experience  at  former  elections  to  allow  the 
tricks  of  professional  politicians  to  any  longer  defeat  the  real 
wishes  of  the  citizens.     The  lodges  of  the   Native  American 
party  happened  to  contain  a  majority  of  temperance-men,  and 
consequently  they  all  joined  in  the  support  of  NEAL  Dow,  and  in 
opposition  to  the  foreigners  and  Catholics  who  were  mostly  on 
the  side  of  rum.     In  this  way  the  two  opposing  parties  fortified 
themselves  for  a  conflict  which  was  to  decide  whether  law  and 
order  should  be  observed  in  the  city,  or  whether  rum  was  to  be 
again  allowed  to  rule  and  desolate  the  homes  of  the  citizens. 
Never  was  there  a  more  momentous  and  stirring  question  to  be 
decided  by  an  election.     The  people  felt  its  importance,  and 
every  body  took  one  side  or  the  other.     Such  was  the  condition 
of  parties  just  prior  to  the  election. 

3.  The  Board  of  Aldermen,  under  "  the  moderate  policy  ad- 
ministration," was  composed,  after  the  election  of  1854,  of  the 
following  citizens : 

Ward.                       Name.  Politics. 

1 Mr.  S.  L.  CARLETON Temperance. 


2.... 
3.... 
4.... 
5.... 
6.... 
7.. 


H.  A.  JONES " 

G.  W.  WOODMAN.... Liquor. 

RTJFUS  E.  WOOD " 

OLIVER  L.  SANBORN " 

NATHAN  CTJMMINGS  ..  " 


HIRAM  BROOKS Temperance. 


On  the  1st  of  December,  1854,  Alderman  O.  T.  SANBORN,  of 
the  Fifth  Ward,  left  Portland  to  reside  in  Boston,  and  from  that 
time  until  the  day  before  the  election,  he  did  not  appear  in  his 
seat  on  the  Board.  It  had  been  announced  in  the  papers  that  he 
had  become  a  member  of  the  firm  of  SANBORN,  CARTER,  BAZEN 
&  Co.,  publishers  of  Boston,  and  the  Mayor  had  repeatedly  stated 
that  his  seat  would  be  vacant  until  the  election,  as  he  had  ceased 
to  be  a  resident  of  Portland.  The  Assistant  Assessor,  on  going 
round  to  obtain  the  names  of  voters,  had  been  to  Mr.  SANBORN'S 
former  place  of  residence,  and  was  told  by  persons  living  there 
that  Mr.  SANBORN  had  removed  to  Boston.  He  accordingly  re- 
42 


CHAP.  IX.]  LIFE  OF  NEAL  DOW.  [SEC.  4,  5. 

moved  that  gentleman's  name  from  the  list  of  voters.  This  left 
the  Board  of  Aldermen,  as  will  be  seen  from  the  above  list, 
equally  divided  on  the  question  of  temperance.  On  the  day  be- 
fore the  election  a  meeting  of  the  Board  took  place,  when,  to  the 
astonishment  of  the  three  temperance  Aldermen,  Mr.  SANBORN, 
the  gentleman  from  Boston,  took  his  seat  as  an  Alderman  of 
Portland. 

4.  Before  the  motion  to  proceed  to  business  was  put,  Alderman 
CARLETON  rose  and  objected  to  Mr.  SANBORN  having  his  seat, 
and  gave  as  his  reasons  the  above  statements,  adding,  that  the 
Eastern  Argus  had  expressed  its  regret  at  the  loss  of  so  good  a 
citizen,  and  that  by  common   consent  Mr.   SANBORN  was  no 
longer  a  citizen  of  Portland,  and  consequently  could  not  be  an 
alderman.    For  the  sake  of  bringing  the  matter  before  the  Board, 
Alderman  CARLETON  moved  that  Mr.  SANBORN  be  allowed  to 
take  a  seat,  but  stating  that  he  intended  to  vote   against  that 
motion.     Alderman  WOODMAN  made  a  motion  to  lay  the  whole 
subject  on  the  table,  which  was  carried  by  Mr.  SANBORN'S  vote, 
that  gentleman  thereby  virtually  voting  himself  to  the  seat  he  had 
so  long  vacated. 

5.  The  doors  were  then  opened,  and  in  rushed  a  mass  of  foreign 
immigrants  to  present  their  claims  as  voters.     Now  it  must  be 
understood  that  a  law  had  been  enacted  in  the  last  Legislature, 
and  approved  on  the  17th  of  March,  which  provided  that  no  per- 
sons shall  be  allowed  to  vote  except  those  who  shall  present  their 
naturalization  papers  to  the  Board  of  Aldermen  three  months 
previous  to  an  election,  and  their  names  recorded  in  a  book  kept 
for  that  purpose.     The  view  taken  by  the  temperance  friends  was, 
that  all  who  had  been  naturalized  since  the  17th  of  March  had 
no  right  to  vote  when  the  law  was  passed,  and  therefore  could 
not  vote  at  the  present  election,  which  was  not  three  weeks  after 
the  approval  of  that  law.     In  this  opinion  they  were  sustained  by 
the  best  lawyers  in  Portland.     It  appeared,  from  the  lists  of  ap- 
plicants in  the  hands  of  the  Aldermen,  that  of  two  hundred  and 
twenty  persons,  mostly  foreigners,  about  sixty  had  been  natural- 
ized since  the  17th  of  March,  and  consequently  there  was  good 

43 


CHAP.  IX.]  LIFE  OF  NEAL  DOW.  [SEC.  5. 

ground  for  objection  to  such  applicants  being  received  as  voters. 
The  custom  had  always  been  to  consider  the  claim  of  each  ap- 
plicant separately,  and  to  take  a  vote  on  every  one  as  to  whether 
his  name  should  be  placed  on  the  list  of  voters  or  not.  In  the 
list  before  the  Board  there  was  one  name  of  a  person  who,  on 
undoubted  testimony,  was  known  to  have  been  at  the  State 
Prison ;  and  there  were  several  names  of  persons  known  to  be 
paupers,  besides  many  whose  families  resided  out  of  town,  air  of 
which,  in  addition  to  the  sixty  above  named,  were  clearly  not 
entitled  to  vote  at  the  coming  election.  Under  these  circum- 
stances the  gentleman  from  Boston  moved  that  the  whole  tw^o 
hundred  and  twenty  names  be  placed  upon  the  list  of  voters ! 
This  was  not  only  before  any  scrutiny  had  been  instituted,  but 
before  even  the  list  had  been  read  over.  Alderman  CARLETON 
moved,  as  an  amendment,  to  strike  the  first  name  off  the  list. 
The  chairman  (Alderman  CUMMINGS)  decided  the  amendment  out 
of  order,  without  stating  the  ground  of  that  decision ;  but  not- 
withstanding this  he  put  the  amendment,  and  declared  it  not  a 
vote.  On  the  yeas  and  nays  being  taken,  however,  it  appeared 
a  tie,  and  the  casting-vote  of  the  chairman  rejected  the  amend- 
ment. Alderman  CARLETON  then  moved  that  the  Board  ad- 
journ, which  the  chairman  declared  to  be  out  of  order,  and  that 
he  would  not  entertain  the  motion  any  way!  Alderman  CARLE- 
TON  appealed  from  this  decision,  and  on  the  discussion  of  this 
motion  Alderman  WOOD  proceeded  to  read  the  rules,  which,  as  he 
thought,  would  sustain  the  chair,  but,  unfortunately  for  his  argu- 
ment, the  very  rule  which  he  read  proved  the  motion  to  be  in 
order ;  and  so  perfectly  ridiculous  did  he  appear,  that  the  gravity 
of  the  Board  was  completely  upset,  both  sides  joining  in  the 
laugh.  Alderman  CARLETON  and  his  two  brave  colleagues  then 
maintained,  and  continued  a  series  of  motions  to  adjourn  over  to 
a  certain  period,  to  adjourn,  etc.,  so  as  to  prevent  any  further 
business  being  done.  These  motions  were  repeated  about  three 
hundred  times.  Time  having  been  killed  in  this  way  until  half- 
past  eleven  o'clock  at  night,  the  friends  of  liquor  thought  it  was  best 
to  come  to  some  sort  of  understanding.  They  wanted  to  know 
44 


CHAP.  IX.]  LIFE  OF  NEAL  DOW.  [Sec.  6. 

if  Alderman  CARLETON  would  be  satisfied  to  put  the  names  on  to 
the  list  one  by  one.  Alderman  CARLETON  replied,  "No,  sir,  not 
another  thing  will  I  consent  to  do  to-night.  If  you  want  to  stay 
here  till  to-morrow  morning,  God  has  given  me  a  pretty  good 
constitution,  and  I  will  be  with  you.  If  you  choose  to  inflict  it 
upon  me,  so  be  it  upon  your  own  heads."  At  last  they  concluded 
that  it  would  be  better  to  concur  in  the  motion  to  adjourn.  Then 
the  question  was,  at  what  time  should  they  meet  in  the  morning? 
which,  being  the  day  of  election,  and  voting  to  commence  at  sun- 
rise, was  rather  an  important  question.  Alderman  WOODMAN 
moved  that  when  the  Board  adjourn,  it  adjourn  to  meet  at  eight 
o'clock  the  next  morning.  "  Not  one  bit  of  it,"  replied  Alder- 
man CARLETON,  who  had  remained  standing  throughout  the  pro- 
ceedings. "  You  may  meet  at  eight  o'clock  and  make  as  many 
motions  as  you  please,  but  the  Revised  Statutes  points  out  my 
duty  to  be,  to  be  here  at  nine  o'clock,  and  what  you  do  before 
that  hour  you  do  at  your  own  peril."  When  the  aldermen  in  the 
liquor  interest  saw  their  predicament,  their  conduct  toward 
Alderman  CARLETON  and  his  friends  all  at  once  changed  from 
the  harsh  sternness  of  political  opponents  to  the  courtesy  and  ob- 
sequiousness of  pretended  friends.  They  saw  that  their  effort 
to  divert  the  temperance  men  from  their  purpose  was  in  vain,  and 
they  then  tried  what  smooth  words  and  bland  smiles  would  do  ; 
but  there  was  too  much  "  backbone"  in  Alderman  CARLETON  and 
his  two  colleagues  to  be  overcome  in  this  way,  and  they  stood 
their  ground  against  the  majority  with  the  firmness  and  courage 
of  men  who  had  a  great  principle  to  serve.  The  Board  adjourned 
without  accomplishing  any  of  the  business  for  which  they  had 
met. 

6.  The  next  morning  the  Board  met  at  nine  o'clock.  It  was 
found  that  several  names  had  been  entered  on  the  list  of  voters, 
in  the  confusion  of  the  previous  meeting,  which  had  not  been 
voted  upon  by  the  Board,  and  which,  consequently,  were  smug- 
gled there.  Among  those  names  appeared  that  of  OLIVER  L. 
SANBORN,  who  had,  for  more  than  four  months,  ceased  to  be  a 
resident  of  the  city. 

45 


CHAP.  IX.]  LIFE  OF  NEAL  DOW.  [SEC.  7,  8. 

7.  Mr.  O.  L.  SANBORN  renewed  his  motion  to  enter  the  whole 
220  names  on  the  list.     Alderman  CARLETON  again  moved  an 
amendment,  and  the  chairman  actually  refused  to  entertain  it, 
and  after  some  discussion,  addressing  Alderman  CARLETON,  he 
said,  "  I  will  not  entertain  any  motion  you  make."     After  some 
twenty  motions  had  been  made,  all  of  which  were  perfectly  in 
order,  the  chairman  refused  to  put  any  more  motions  of  the  kind, 
and  the  aldermen  from  the  Third,  Fourth,  and  Sixth  wards,  as  well 
as  the  gentleman  from  Boston,  who  had  the  list  of  the  Fifth  Ward 
voters,  proceeded  to  record  the   applicants  of  their  respective 
wards.     The  temperance  aldermen  were  next  called  upon  to  do 
the  same  with  their  lists,  but  they  refused  to  do  so,  except  with 
regard  to  the  names  of  such  persons  as  were  qualified  to  become 
voters,  excluding,  of  course,  all  who  had  become  naturalized 
since  the  17th  of  March,  and  such  others  as  were  otherwise  dis- 
qualified.    The  three  temperance  aldermen  refused  to  certify  to 
the  list  prepared  by  the  three  liquor  aldermen  and  the  gentleman 
from  Boston. 

8.  The  lists  were  sent  out  to  the  several  wards,  and  soon  after, 
those  persons  who  had  been  naturalized  since  the  17th  of  March, 
having  discovered  that  their  names  were  not  on  the  list  of  voters, 
came  personally  before  the   Board  of  Aldermen.      The  three 
liquor  aldermen  and  the  gentleman  from  Boston  then  proceeded 
to  examine  each  case,  and  from  the  simple  statement  that  they 
had  appeared  the  day  before  at  the  Board  meeting,  it  was  moved 
that  each  one  be  allowed  a  certificate,  which  motion  was  de- 
clared carried ;  but  the  yeas  and  nays  were  called,  and  the  busi- 
ness otherwise  delayed  by  the  tactics  of  the  temperance  alder- 
men until  about  three  o'clock  in  the  afternoon.     It  was  then 
suggested  by  one  of  the  liquor  aldermen  that  certificates  be  al- 
lowed to  the  applicants,  accompanied  with  the  direct  protest  of 
the  three  temperance  aldermen.     This  was  all  that  was  desired 
by  the  latter,  and  accordingly  the  whole  list  of  applicants  was 
entered,  under  said  protest,  so  that  had  the  election  been  de- 
cided against  them,  they  had  their  remedy  in  law,  as  well  as  the 
determination  to  avail  themselves  of  it. 

46 


CHAP.  IX.]  LIFE  OF  NEAL  DOW.  [SEC.  9-11. 

9.  Notwithstanding  all  these  disgraceful  proceedings,  and  the 
contest  being  carried  on  with  great  spirit  in  every  ward ;  not- 
withstanding the  thousands  of  dollars  which  had  been  expended 
in  bringing  men  from  distant  parts  of  the  country,  and  of  the 
stratagems  which  unprincipled  rumsellers  can  resort  to,  the  elec- 
tion proved  a  complete  triumph  for  NEAL  Dow  and  his  friends. 
We  have  been  told  by  voters  in  Portland,  that  at  least  two  thirds 
of  the  legal  voters  of  the  city  are  decidedly  in  favor  of  NEAL 
Dow,  and  had  it  not  been  for  the  large  number  of  illegal  voters, 
his  majority  would  certainly  have  been  very  great. 

10.  The  interest  with  which  the  intelligence  was  received 
throughout  the  country  will  be  long  remembered.     At  twelve 
o'clock  on  the  night  of  the  election,  the  news  had  reached  by  the 
electric  telegraph  as  far  as  New  Orleans,  and  the  newspapers 
all  over  the  country  announced  the  event  as  a  significant  triumph. 
We  could  give  abundance  of  evidence  as  to  the  approval  with 
which  this  result  was  received  by  the  press  and  the  people,  but 
the  following  from  the  New  York  Tribune  must  suffice  : 

A  MIRROR  WHICH  SHOWS  THE  FUTURE. — NEAL  Dow,  author  of  the 
original  "  Maine  Law,"  was  chosen  mayor  of  Portland,  Me.,  a  little  before 
said  law  was  enacted.  Of  course  he  distinguished  himself  by  his  efforts  to 
uphold  and  enforce  it,  and  the  rum  influence  made  a  desperate  rally  next 
spring,  and  ousted  him.  Last  spring  the  prohibitionists  tried  to  reinstate 
him,  but  failed  by  a  small  majority.  This  spring  they  have  tried  again, 
and  succeeded.  See  the  vote  in  the  first  and  last  of  these  three  trials  : 

Dow.  Parris.  Dow.         McCobb. 

Total 1,496  ....  1,900  1,896  ....  1,829 

Maj.  against  Dow..  .404.  Maj.  for  Dow.. 67. 

This,  you  will  perceive,  is  the  vote  of  a  city  only,  and  a  city  which  has  done 
a  large  business  in  rumselling.  In  the  former  instance  the  Portlanders  had 
just  tried  a  stringent  enforcement  of  the  Prohibitory  Law,  and  decided  to 
relax ;  now  they  have  tried  out  the  free-and-easy  policy,  and  decided  to  re- 
turn to  NEAL  DOWISM.  Will  those  who  are  so  stoutly  predicting  the  speedy 
repeal  of  our  Maine  Law  just  consider  these  facts  ?  Kely  on  it,  they  mean 
something. 

11.  At  public  meetings  held  subsequently  in  the  city,  the  three 
temperance  aldermen,  whose  doings  on  the  Board  had  become 

47 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [SEC.  1,  2. 

the  universal  topic  of  conversation,  were  received  with  the  most 
enthusiastic  expressions  of  approval,  showing  that  the  people 
appreciated  their  manly  courage  in  maintaining  the  rights  of  the 
citizens  to  control  their  own  elections,  against  the  iniquitous 
attempt  to  invade  those  rights  by  bringing  in  foreigners  and  per- 
sons otherwise  disqualified  as  voters. 


The  man  who  shall  Invent  a  really  efficient  antidote  to  this  system  of  voluntary  and  daily  poisoning,  will 
deserve  a  high  place  among  the  benefactors  of  his  race.— London  Times. 

We  can  propose  the  antidote.  We  can  name  the  man  who  has  invented  It.  "  People  of  the  State  of 
Maine  1  God  of  heaven  bless  you  !"  Noble-minded  Dow  !  God  of  heaven  bless  thee  !  I  would  rather  be 
that  man  than  any  man  I  know  this  day  upon  the  face  of  the  globe. — BKV.  DB.  TYNQ,  of  New  York. 

THE    CONSPIRACY,    AND    ITS   FAILURE. 

The  Mayor's  inaugural — Performance  of  official  duties — The  new  police  courl  and  its 
effects — Smuggling  liquor  into  Portland— Quarterly  engagements  with  the  police — The 
distress  of  the  mm  politicians— The  plot— Establishment  of  a  city  agency— Prosecution 
of  NKAL  Dow — The  conspiracy  becoming  manifest — The  riot — The  ringleader  shot — 
The  riot  long  projected — Precedents  of  the  ringleader — Conduct  of  the  officials  and 
authorities — Scandalous  reports  in  the  rum  organs — The  trial  and  acquittal  of  NEAL  Dow 
— The  authorities  justified  by  the  inquest — Testimonial  to  NEAL  Dow  from  the  ladies  of 
Bangor— NKAL  Dow  indorsed  by  the  N.  Y.  State  Temperance  Convention,  the  Maine 
State  Temperance  Convention,  and  by  public  opinion  in  his  own  city  and  throughout  the 
countiy. 

1.  THE  inaugural  address  of  Mayor  Dow  contained  a  compre- 
hensive view  of  the  commercial,  educational,  and  moral  condition 
and  prospects  of  Portland,  referring  to  the  Liquor  Law  in  the 
course  of  the  address  merely  as  one  of  the  important  features 
which  called  for  the  action  of  the  municipal  authorities.     This 
was  received  by  citizens  generally  with  much  satisfaction,  as  an 
indication  that  their  mayor  was  determined  to  follow  the  same 
course  of  devotion  to  the   general  interests  of  the  city  as  had 
characterized  his  former  mayoralty. 

2.  NEAL  Dow  was  now  again  at  his  post  of  honor  and  of  duty, 
and  the  secret  rumsellers  of  Portland — for  there  were  no  others 

48 


CHAP.  X.]  LIFE  OF  NEAL  DOW.       .  [SEC.  2. 

in  the  city — soon  began  to  wince  under  the  keen  scrutiny  of  his 
withering  glance ;  for  although  to  the  reformer  his  countenance 
is  full  of  ardent  enthusiasm  and  philanthropic  zeal,  that  very  en- 
thusiasm is  a  terror  to  evil-doers.  There  is  in  the  mild  sarcasm 
of  that  open,  intelligent,  and  manly  face  a  meaning  and  determi- 
nation of  purpose  which  the  rumseller  reads  at  a  single  glance, 
and  he  sees  at  once  that  there  is  no  hope  for  his  traffic  under  the 
administration  of  such  a  man.  In  the  performance  of  his  duties 
as  mayor  he  assumes  no  aristocratic  dignity ;  but  with  the  repub- 
lican idea  predominant  in  his  mind,  as  he  sits  in  his  chair  of 
office,  he  has  a  shake  of  the  hand  and  a  "  How  do  ye  do  T'  for 
every  citizen ;  and  it  is  no  uncommon  thing  for  him,  even  during 
official  hours,  to  forget  for  the  moment  that  he  is  "  the  mayor," 
and  yielding  to  the  strong  impulse  of  his  friendly  nature,  he  quits 
his  seat,  and  quickly  steps  from  his  dais  to  grasp  the  hand  of  a 
friend.  In  whatever  position  he  may  be,  he  never  forgets  that 
he  is  a  man,  and  the  warmth  of  his  feelings  and  the  depth  of  his 
spiritual  nature  are  never  sacrificed  to  the,  to  him,  lesser  dignity 
of  official  authority.  In  the  disposal  of  the  business  of  his 
office,  however,  he  does  not  allow  the  claims  of  friendship  to  in- 
terfere with  those  of  justice,  and  he  steadily  maintains  the  even 
balance  of  the  "  Blinded  Goddess."  From  nine  o'clock  A.  M. 
until  near  noon  he  sits  in  the  mayor's  office  to  hear  every  variety 
of  complaint,  and  refers  each  applicant  to  the  proper  officers  for 
relief,  or  explains  the  course  by  which  to  obtain  redress.  When 
a  poor  wanderer  tells  his  tale  of  want  and  distress,  he  quickly 
discovers  whether  the  applicant  be  a  victim  of  the  rum  traffic, 
and  tells  him  plainly,  with  a  reproof  he  can  never  forget,  the 
cause  of  his  suffering,  and  prescribes  total  abstinence  as  the  only 
remedy.  No.  man,  under  such  circumstances,  goes  from  his 
presence  without  receiving  a  word  of  wisdom  and  a  look  of  sym- 
pathy such  as  strikes  deeply  into  the  heart.  The  amount  of 
business  which  he  gets  through  in  a  single  forenoon,  and  the  nu- 
merous cases  of  difficulty  which  he  adjusts  by  his  prompt  and 
decisive  action,  would  astonish  an  ordinary  magistrate  ;  and  yet 
there  seems  to  be  no  point  of  importance  which  he  does  not  take 

3  49 


CHAP.  X.]  LIFE  OF  NEAL   DOW.  [SEC.  3,  4. 

into  consideration,  and  no  particular  which  he  does  not  under- 
stand, so  that  few  can  complain  of  his  decisions. 

3.  Up  to  this  period  there  had  been  a  municipal  court,  the 
judge  of  which  had  a  permanent  appointment,  and  he  being  un- 
favorable to  the  Maine  Law,  had  frequently  given  decisions  cal- 
culated to  weaken  the  power  of  the  law  in  the  city.    The  friends 
of  temperance,  seeing  that  liquor  was  being  brought  into  the  city 
and  disposed  of  in  violation  of  law,  as  a  result  of  this  partial 
court,  had  resolved  to  effect  a  change.     A  law  had  been  passed 
in  compliance  with  the  wishes  of  the  citizens  of  Portland  abol- 
ishing the  municipal  court,  and  establishing  in  its  stead  a  police 
court.     This  law  came  into  operation  in  May,  1855,  and  Mr. 
CARTER  was  elected  as  a  judge  upon  whom  the  people  could  de- 
pend for  the  enforcement  of  their  laws.     The  new  Liquor  Law 
coming  into  operation  at  the  same  time,  the  few  persons  who  had 
commenced  the  sale  of  liquors  under  the  jurisdiction  of  the  judge 
of  the  old  municipal  court  were  brought  to  justice.     They  were 
found  to  be,  without  exception,  Irishmen,  no  established  Ameri- 
can citizen — to  their  credit  be  it  said — having  been  known  to 
violate  the  law.     These  Irishmen  had  resorted  to  various  methods 
to  avoid  detection  ;  some  had  even  buried  the  liquors  in  the  earth 
below  high-water  mark.     The  police,  under  Mayor  Dow's  direc- 
tion, discovered  the  places  where  the  liquors  had  been   con- 
cealed, and  unearthed  them.     The  police  also  brought  to  light 
various  methods  of  secretly  conveying  liquors  into  the  city,  such 
as  concealing  liquor  within  casks  of  sugar  or  flour,  or  in  boxes 
stuffed  round  with  sawdust,  and  other  smuggling  schemes.     The 
open  importation  of  liquors,  except  for  agencies,  ceased  with  the 
operation  of  the  new  law.     The  sales  of  liquors  became  so  few 
and  secret  under  this  law  that  little  or  nothing  could  be  seen  of 
them. 

4.  One  of  the  first  actions  of  the  city  council,  after  the  elec- 
tion, was  to  order  the  employment  of  policemen  under  quarterly 
instead  of  annual  engagements,  so  that  any  member  of  that  force 
who  should  neglect  to  perform  his  duty,  would  be  subject  to  re- 
moval at  the  end  of  the  quarter,  without  the  odium  of  a  dismissal 

50 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [Sec.  5,  6 

being  attached  to  him.  This  appears  to  have  had  the  desired 
effect  of  inducing  the  men  thus  engaged  to  be  vigilant  in  the  ex- 
ecution of  their  duty. 

5.  With  a  police  court  and  an  impartial  judge,  a  mayor  whom 
every  body  knew  would  see  to  the  proper  execution  of  the  law, 
and  a  corporation  to  sustain  him  in  his  course,  there  is  no  won- 
der that  there  should  be  a  feeling  of  distress  and  bitterness  of 
spirit  felt  by  the  "  old  line  politicians  ;"  and  now  that  all  hope  of 
beating  down  NEAL  Dow  by  the  usual  tactics  were  destroyed  by 
this  last  victory,  a  new  idea  appeared  to  seize  this  "  Honorable 
Rum  Party."     (Chap.  IX.,  Sec.  1.)     They  determined  by  secret 
conclave  to  take  the  first  opportunity  of  raising  a  mob  in  Port- 
land, so  as  to  render  bloodshed  necessary,  and  then  to  throw  the 
odium  upon  NEAL  Dow,  and  by  that  means  secure  a  reaction  in 
the  public  mind,  such  as  would  destroy  the  influence  of  NEAL 
Dow  and  the  power  of  the  Republican  party.     This  plot  was 
arranged  early  in  May,  and  for  several  weeks  NEAL  Dow  was 
watched  as  a  wild  beast  watches  its  intended  victim,  but  with 
more    stealth   and    less   honesty.      NEAL    Dow,  however,    was 
guarded  ;  for  with  all  the  cry  of  "  rashness"  and  "  impetuosity" 
which  his  enemies  have  raised  against  him  for  his  prompt  man- 
ner of  doing  business,  those  who  know  him  best  know  that  he  is 
the  last  man  to  do  any  thing  without  proper  legal  authority.     No 
opportunity,  therefore,  occurred  for  his  enemies  to  accuse  him ; 
and  to  seize  at  a  circumstance  which  appeared  likely  to  cause  a 
riot,  they  blindly  went  to  work,  thinking  to  accomplish  their  pur- 
poses, reckless  of  the  consequences. 

6.  It  appears  that,  pursuant  to  the  thirty-first  section  of  the 
new  Liquor  Law,  the  following  orders  had  been  made  by  the  Board 
of  Aldermen  : 

May  3,  1855. 

On  motion  of  Alderman  THOMAS — 

Ordered,  That  the  Mayor  and  Aldermen  be  authorized  and  empowered  to 
use  the  shop  under  the  City  Hall,  now  occupied  by  Messrs.  WAITE  &  BUTLER, 
for  the  accommodation  of  a  City  Agency  for  the  sale  of  alcoholic  liquors  for 
medicinal  and  mechanical  purposes,  in  accordance  with  law. 
At  the  same  meeting  the  following  order  was  passed : 

51 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [SEC.  6. 

CITY  OF  PORTLAND. 
IN  BOARD  or  MAYOR  AND  ALDERMEN,  May  3, 1855. 

Ordered,  That  the  Mayor  and  Aldermen  CARLETON  and  BROOKS  be  a  com- 
mittee to  arrange  for  the  establishment  of  a  City  Agency  for  the  lawful  sale 
of  spirituous  liquors,  wines,  etc.,  for  medicinal  and  mechanical  purposes, 
under  the  provisions  of  an  act  entitled  "  An  act  for  the  suppression  of  drink- 
ing houses  and  tippling  shops,"  passed  at  the  last  session  of  the  Legislature, 
and  approved  March  16,  1855,  and  also  to  propose  and  report  to  this  Board 
such  rules  and  regulations  as  may  be  necessary  for  the  government  of  the 
agent  hereafter  to  be  appointed,  and  such  compensation  for  his  services  as 
they  may  deem  suitable. 

Head  and  passed.  Attest :  WM.  BOYD,  City  Clerk. 

The  Mayor,  acting  as  chairman  of  the  committee  on  which  he 
had  been  appointed,  ordered  liquors  to  the  value  of  $1,600  for 
the  City  Agency.  It  will  be  seen  by  reference  to  the  act  that 
the  law  requires  that  the  mayor  should  be  one  of  the  committee 
for  this  purpose,  so  that  it  was  no  unusual  course  that  he  should 
act  in  this  capacity.  It  soon  after  became  known  that  a  number 
of  barrels  of  liquor  had  been  received  in  compliance  with  the 
order  of  the  Mayor.  The  parties  to  the  conspiracy  before  men- 
tioned thought  this  a  favorable  opportunity ;  but  before  they  could 
turn  it  to  their  purposes,  they  were  obliged  to  invent  a  false  state- 
ment. On  Saturday,  June  2d,  1855,  in  professing  to  give  an 
account  of  a  conversation  held  between  Alderman  RING  and 
Mayor  Dow,  the  State  of  Maine  newspaper  contained  the  follow- 
ing words : 

Mr.  Mayor  Dow  replied  that  he  had  purchased  them ;  and  in  answer  to 
sundry  other  questions  from  the  same  source  [Alderman  RING]  stated  that 
he  paid  $1,600  for  them — that  they  were  private  property  and  did  not  be- 
long to  the  city — that  they  were  liable  to  seizure  as  being  a  larger  quantity 
than  one  man  could  require  for  medicinal  or  mechanical  purposes.  No 
appropriation,  however,  was  made  for  the  purchase  of  the  liquors  now  in 
Mr.  Dow'e  possession,  and  he  still  remains  the  sole  owner. 

This  invention  of  the  enemy  in  connection  with  violent  appeals 
to  the  passions  of  the  lowest  portion  of  the  Irish  population 
who  had  been  deprived  by  the  Maine  Law  of  the  opportunity  to 
gratify  their  love  of  whisky,  and  the  attacks  which  had  appeared 
from  time  to  time  on  the  character  of  NEAL  Dow  in  the  State  of 
52 


CHAP.  X,]  LIFE  OF   NEAL  DOW.  [SEC.  7,  8. 

Maine  and  the  Argus  newspapers  had  the  desired  effect  of  rais- 
ing a  feeling  of  hostility.  This  class  of  people  were  thus 
actually  led  to  believe  that  NEAL  Dow  had  bought  these  liquors 
for  his  own  private  speculation  and  aggrandizement.  They 
therefore  determined  to  seek  revenge  by  taking  this  opportunity 
to  prosecute  the  Mayor  under  the  very  act  he  had  been  chiefly 
instrumental  in  framing. 

7.  Accordingly  on  the  afternoon  of  the  same  day  that  the  above 
statement  appeared,  a  man  named  ROYAL  WILLIAMS,  in  company 
with  two  other  enemies  of  the  law,  appeared  at  the  police  court 
and  made  affidavit,  after  some  little  hesitation,  that  Mr.  Dow  had 
these  liquors  in  his  possession,  as  they  had  reason  to  believe,  for 
the  purpose  of  "  selling  them  in  the  State  in  violation  of  the  law." 
If  they  did  not  believe  this  they  committed  perjury,  as  no  war- 
rant could  be  obtained  without  affidavit  to  this  effect.     There 
were  about  fifteen  well-known  opponents  of  the  Maine  Law  in 
the    court,    showing   that   this   was    a   concerted   arrangement. 
There  were  also  at  the  court  this  afternoon  three  cases  of  trial 
for  liquor-selling,  and  as  the  defendants  in  every  case  were  Irish, 
it  was  an  easy  matter  to  excite  in  the  minds  of  their  "  country- 
men" a  desire  for  revenge.     This,  then,  was  an  excellent  oppor- 
tunity for  the  disappointed  politicians  of  Portland  to  carry  out 
their  desperate  designs  against  NEAL  Dow. 

8.  The  judge  issued  a  warrant  as  he  was  legally  bound  to  do 
after  such  an  affidavit  and  complaint  had  been  made,  and  handed 
it  to  Deputy-Marshal  RING,  who  happened  to  be  present  at  the 
time,  with  orders  for  him  to  execute  it.     It  appears  that  these 
warrants  have  always  invariably  been  given  either  to  the  city 
marshal  or  to  his  deputies  in  preference  to  any  other  officers, 
because,  being  on  regular  salaries,  they  made  out  their  costs  to 
the  city  instead  of  having  them  accrue  to  themselves,  as  would 
be  the  case  with  other  officers.     By  employing  the  city  marsh'al, 
therefore,  the  city  treasury  is  benefited.     Notwithstanding  this 
fact  the  applicants  appeared  to  be  greatly  dissatisfied  at  the  war- 
rant being  given  to  officer  RING,  as  it  appears  they  desired  that 
some  person  who  would  be  more  likely  to  do  their  bidding  instead 

53 


CHAP.  X.]  LIFE  OF  NEAL   DOW.  [Sac.  9. 

of  acting  under  the  direction  of  the  judge,  should  receive  the 
warrant.  The  principal  applicant,  ROYAL  WILLIAMS,  then  stepped 
forward  and  demanded  the  warrant.  The  court  informed  him  that 
it  was  given  in  the  usual  manner  into  the  hands  of  a  competent 
officer  who  would  no  doubt  properly  attend  to  its  execution. 
He  again  made  application  for  the  warrant,  asserting  his  right  to 
it  as  one  of  the  complainants.  He  was  told  that  he  had  made 
his  complaint,  taken  his  oath,  affixed  his  signature,  and  there  was 
no  more  for  him  to  do  until  trial.  WILLIAMS  then  demanded  the 
warrant  of  officer  RING,  who  referred  the  matter  to  the  court, 
and  the  latter  made  the  same  explanation  as  before.  WILLIAMS 
then  began  talking  in  a  boisterous  manner,  but  was  informed  that 
he  would  be  expelled  from  the  court-room  unless  he  desisted. 
The  complainants  and  their  friends  soon  quietly  disappeared.  Of- 
ficer RING  then  went  to  the  cellar  of  the  City  Hall,  where  the 
liquors  were  deposited,  and  took  possession  of  them  under  the 
warrant.  He  would  have  arrested  Mayor  Dow  on  Saturday 
afternoon  if  there  had  been  time  for  trial.  WILLIAMS  had  sug- 
gested to  the  court  that  ample  time  should  be  given  for  trial.  As 
soon  as  the  officer  arrived  at  the  City  Hall,  a  large  crowd  began 
to  assemble  around  the  building  with  all  the  demonstrations  of 
disturbance.  They  were  mostly  Irish,  and  active  among  them 
were  many  of  those  who  had  been  hanging  round  the  court-room 
in  the  afternoon.  At  the  fact  of  officer  RING  having  the  warrant, 
they  manifested  the  same  indignant  disappointment  which  had 
been  displayed  by  the  complainants. 

9.  It  was  not  thought  at  the  time  by  the  authorities  that  any 
movement  would  be  made  by  such  persons  beyond  an  attempt  to 
destroy  these  liquors  by  due  process  of  law.  The  observance 
of  the  law,  however,  was  not  what  they  desired.  It  had  only 
been  a  plea  to  raise  a  disturbance.  But  late  in  the  after- 
noon intelligence  was  communicated  to  the  Mayor  and  alder- 
men that  an  extensive  combination  had  been  formed,  and  that 
arrangements  had  been  made  to  assemble  a  mob  for  the  purpose 
of  breaking  into  the  City  Agency  and  destroying  the  liquors 
therein  contained.  At  the  time  of  this  communication  large 
54 


CHAP.  X.]  LIFE  OF   NEAL   DOW.  [SEC.  9. 

numbers  of  excited  persons  were  assembled  around  the  City 
Hall,  in  which  the  Agency  is  located,  demanding  that  the 
liquor  should  be  brought  out.  The  Mayor  and  aldermen  did 
not  at  that  time  apprehend  that  any  mob  would  or  could  be 
raised  in  the  city,  which  it  would  be  beyond  the  power  of 
the  ordinary  police  force  to  quell ;  but  early  in  the  evening 
they  thought  otherwise.  The  city  marshal  with  a  few  police- 
men, some  of  them  with  revolvers,  and  some  of  them  with- 
out arms,  were  directed  to  enter  the  room  and  defend  it  to  the 
last  extremity ;  and  the  rest  of  the  police  force  were  directed 
to  do  their  utmost  among  the  mob  to  disperse  it,  and  to  identify 
as  many  as  possible  of  the  active  persons  composing  it.  The 
Mayor  and  several  of  the  aldermen  being  at  the  mayor's  office, 
which  is  a  small  new  building  beside  the  City  Hall,  in  the  even- 
ing were  warned  by  repeated  and  urgent  messages  that  the  mob 
was  collecting  in  great  force,  exhibiting  every  appearance  of 
savage  ferocity.  Messages  were  then  sent  to  the  commanding 
officers  of  the  Light  Guards  and  the  Rifle  Guards,  and  a  formal 
demand  was  made  upon  them  for  their  assistance,  which,  for  a 
consideration  in  money,  they  had  agreed  with  a  preceding  admin- 
istration to  render,  as  an  armed  police,  whenever  they  should  be 
called  upon  by  the  city  government  for  that  purpose.  Those 
companies  were  called  together  hastily  at  their  armories,  and 
were  visited  there  by  the  Mayor  and  some  of  the  aldermen,  and 
formal  demand  was  made  upon  them  for  their  services  and  assist- 
ance in  quelling  the  mob,  as  an  armed  police  force,  or  as  citizens 
in  arms,  according  to  their  agreement  with  the  city  government. 
The  Rifle  Guards,  first  visited,  had  neither  ammunition  nor  caps  ; 
and  none  suitable,  after  many  efforts  and  much  delay,  could  be 
procured  in  the  city.  While  the  officers  of  the  Rifle  Guards 
were  actually  employed  in  the  effort  to  procure  the  necessary 
munitions,  the  Mayor  and  some  of  the  aldermen  repaired  to  the 
armory  of  the  Light  Guards,  situated  in  the  third  story  of  the 
City  Hall.  The  members  of  the  company  were  there  assembled 
in  force,  and  an  appeal  was  at  once  made  to  the  captain  to  form 
and  march  out  without  delay.  He  also  was  without  cartridges, 

55 


CHAP.  X.]  LIFE  OP  NEAL  DOW.  [SEC.  10. 

but  was  told  that  the  appearance  of  his  company  in  full  rank 
and  with  determined  front  and  with  bayonets  would  be  sufficient. 
The  captain  thought  otherwise,  and  declined  to  expose  his  com- 
mand to  the  fury  of  the  mob  without  cartridges.  During  all  this 
time  were  heard  from  below  the  ferocious  sounds  of  the  mob, 
the  clatter  of  stones  and  other  missiles,  the  rattle  of  broken 
glass,  and  the  crash  of  breaking  blinds,  shutters,  and  doors. 
After  some  delay  cartridges  were  procured  and  the  muskets  were 
loaded,  when  about  twenty-four  men  only  fell  into  the  ranks 
with  shouldered  arms.  Again  the  captain  protested  against  ex- 
posing so  small  a  force  to  the  fury  of  the  mob  ;  he  did  not  feel 
himself  justified  in  so  doing,  but  the  reply  to  him  was,  that  half 
of  them  would  be  sufficient  if  they  were  brave  and  true  men. 
At  the  word  the  men  marched  out,  with  the  captain,  Mayor  Dow 
Aldermen  BROOKS  and  CARLETON  at  their  head  ;  but  some  of  the 
number  fell  out  of  the  ranks  on  the  way  down  the  stairs  and 
through  the  crowd.  The  Sheriff  of  the  County  preceded  them 
in  the  march,  and  stepping  out  in  the  crowd,  commanded  the 
people  in  the  name  and  by  authority  of  the  State  to  disperse, 
assuring  them  they  otherwise  would  be  fired  upon.  But  he  was 
answered  only  by  jeers  and  savage  brawls  from  the  mob.  The 
Sheriff  repeated  his  command  several  times,  and  his  voice  was 
distinctly  heard  at  the  corner  of  Preble  Street. 

10.  The  marshal  then  gave  orders  to  the  police  to  keep  on 
either  side  of  the  door,  so  as  to  be  out  of  reach  of  any  stones 
that  might  come  in,  and  not  to  fire  their  pistols  until  some  one 
should  attempt  to  enter.  In  the  mean  time,  the  marshal  repeat- 
edly cautioned  the  mob  to  desist  upon  peril  of  their  lives,  and 
in  the  course  of  the  evening  they  were  ordered  to  disperse  by 
the  Sheriff  of  the  County  and  also  by  the  Mayor.  At  length, 
one  man  who  appeared  to  be  a  ringleader  in  the  mob  came  to  the 
door,  swearing  horrible  oaths,  and  using  most  insulting  and  vio- 
lent language  toward  the  police  in  the  room.  He  called  them 

"  a  pack  of  d d  cowards,"  challenged  them  to  fire,  and  taunted 

them  by  saying  that  they  did  not  dare  to  fire.     Then  he  ha- 
rangued the  mob,  urging  them  to  come  on,  assuring  them  that 
56 


CHAP.  X.]  LIFE   OP   NEAL   DOW.  [SEC.  10. 

there  was  no  danger  ;  that  the  police  were  cowards,  and  had 
only  blank  cartridges,  arid  dared  not  fire  upon  them  if  they  had. 
The  marshal  again  warned  him  upon  peril  of  his  life  not  to  at- 
tempt to  enter  the  room.  But,  under  his  leadership,  the  mob 
made  a  violent  rush  for  the  door,  which,  however,  proved  too 
strong  for  them.  The  police  then  fired,  but  intentionally  aimed 
over  their  heads,  hoping  to  frighten,  and  thus  avoid  the  necessity 
of  killing.  This  checked  them  for  a  few  minutes  ;  but  the  same 
voice  was  again  heard  rallying  the  mob,  assuring  them  that  no- 
body was  hurt ;  that  they  were  "  only  blank  cartridges,"  etc., 
etc.,  and  another  rush  was  made  for  the  door,  the  leader  reaching 
in  and  attempting  to  unbar  it.  ..  The  police  then  fired  with  effect. 
The  ringleader  just  referred  to,  named  ROBBINS,  fell  dead  or 
mortally  wounded  close  by  the  door.  Prior,  however,  to  this 
firing  by  the  police,  the  Light  Guards,  or  a  portion  of  the  com- 
pany, marched  through  the  crowd  and  took  a  position  in  front  of 
•the  door  on  Congress  Street,  when  the  mob  began  to  pelt  them 
with  stones,  and  several  of  th  e  soldiers  were  severely  injured. 
After  this  the  crowd  was  several  times  commanded  by  Mayor 
Dow  also  to  disperse,  with  the  assurance  that  otherwise  they 
would  be  fired  upon.  Their  only  reply  was  with  groans,  howls, 
and  showers  of  stones.  By  these  they  were  pelted  incessantly, 
and  several  members  of  the  Guards  were  struck,  and  some  of 
them  badly  hurt,  while  the  missiles  were  falling  around  in  every 
direction,  in  their  rebound  from  the  walls  of  the  building.  Again 
the  captain  protested  against  this  exposure  of  his  men  to  the 
fury  of  the  mob,  and  feared  some  of  them  would  be  killed  if  the 
order  were  not  given  to  fire.  He  was  told  that  they,  the  author- 
ities and  the  men,  all  shared  the  danger  alike.  After  a  little 
further  delay,  and  another  command  to  the  crowd  to  disperse, 
which  was  received  as  all  the  others  had  been,  the  order  was 
given  to  the  captain  to  fire  by  sections  from  the  left.  The  order 
was  repeated  by  the  commander,  and  while  the  arms  were  at 
present,  the  captain  asked  if  he  should  fire.  Mayor  Dow  replied, 
"  Wait  a  little."  He  thought  that  the  order  to  fire  would  terrify 
the  mob,  but  the  shower  of  missiles  continued  as  before,  with 

3*  57 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [SEC.  11. 

every  expression  of  rage.  As  soon  as  the  men  recovered  arms 
without  firing,  they  began  to  drop  off  from  the  left,  two  men, 
badly  hurt,  being  carried  off  the  ground  where  they  lay,  by  their 
comrades,  until  not  more  than  six  or  eight  muskets  remained. 
The  captain  was  assured,  as  he  had  been  before  m  the  armory, 
that  he  would  be  supported  by  the  Rifle  Guards,  who  were  every 
moment  expected.  When  his  numbers  were  so  greatly  reduced, 
the  remaining  force  filed  off  around  the  east  end  of  the  City 
Hall,  away  from  the  mob,  and  marched  down  Middle  Street 
toward  the  armory  of  the  Rifle  Guards.  Near  the  foot  of  Free 
Street  they  met  that  company  marching  up  in  double  files, 
when  they  fell  in  on  the  right,  and  the  order  was  given  to  quicken 
the  step.  At  this  moment  Captain  ROBERTS  informed  Mayor 
Dow  that  his  rifles  were  empty,  and  he  had  no  bayonets  ;  he  had 
not  been  able  to  find  either  balls  or  caps  to  fit.  Mayor  Dow 
communicated  this  to  the  captain  of  the  Light  Guards,  and  in- 
structed him  to  take  the  Rifle  Guards  into  his  armory,  and  arm 
them  with  his  muskets.  Hither  they  accordingly  repaired  at 
quick  step. 

11.  On  arriving  at  the  armory,  an  attempt  was  made  to  throw 
difficulties  in  the  way  of  their  taking  the  muskets,  but  they  were 
peremptorily  demanded,  and  Captain  ROBERTS  of  the  Rifle 
Guards,  immediately  upon  receiving  the  order,  marched  his  men 
into  the  armory  and  exchanged  his  rifles  for  the  muskets.  A 
further  delay  now  occurred  in  procuring  ammunition.  A  few 
cartridges  were  secured  which  were  lying  on  the  table,  and  a 
demand  was  made  upon  the  captain  of  the  Light  Guards  for 
those  which  his  men  had.  A  few  cartridges  only  were  recov- 
ered. In  the  mean  time  the  roar  of  the  mob,  with  the  rattle  and 
crash  of  missiles  and  the  occasional  volleys  of  pistol-shots  from 
the  police,  came  up  in  mingled  confusion  from  below.  At  this 
juncture  Alderman  LIBBEY  came  into  the  armory  from  the  street 
and  said :  If  any  thing  were  to  be  done,  not  a  moment  should  be 
lost ;  that  the  police  could  not  hold  out  five  minutes  longer,  but 
would  fall  a  sacrifice  to  the  fury  of  the  mob.  The  Light  Guards 
were  then  called  out  to  join  the  force,  and  one  of  them  fell  into 
58 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [Sac.  12. 

the  ranks,  with  two  or  three  other  citizens  who  came  forward 
and  volunteered  to  take  muskets,  when  they  all  marched  down, 
Mayor  Dow  sending  forward  a  warning  of  their  coming.  They 
filed  down  the  steps  into  Middle  Street  and  entered  the  doors  of 
the  Agency  on  that  street,  and  one  of  the  Guards  was  struck  in 
the  forehead  and  badly  hurt  as  they  entered.  The  voice  of  the 
infuriated  mob  outside  and  at  the  door  on  Congress  Street 
drowned  every  other  sound ;  nevertheless  they  were  warned 
that  they  would  be  fired  upon,  and  three  or  four  volleys  of  four 
shots  each  were  fired.  The  gas  was  then  lighted  in  the  store, 
by  which  the  persons  there  were  exposed  to  the  missiles  of  the 
mob,  and  to  protect  the  members  of  the  Rifle  Guards  and  the 
police  from  being  struck  by  these,  they  were  drawn  out  of  the 
building  into  Middle  Street,  the  door  being  open,  and  the  mob  on 
Congress  Street  was  warned  that  any  person  attempting  to  enter 
would  be  fired  upon,  the  mob  having  broken  open  the  doors, 
which  they  had  been  battering  for  more  than  two  hours.  The 
mob  and  the  armed  force  maintained  this  attitude  for  a  consider- 
able time,  an  occasional  stone  being  hurled  through  the  building 
from  Congress  Street.  But  the  greater  part  of  the  mob  with- 
drew soon  after,  and  the  remainder  were  driven  out  of  the  streets 
by  the  bayonet.  The  firing  of  the  Rifle  Guard  was  at  five  min- 
utes past  eleven  o'clock,  arid  the  building  was  attacked  as  early 
as  half-past  eight.  Information  was  brought  to  Mayor  Dow  by 
several  persons  that  the  mob  had  retired  with  loud  threats,  and 
with  the  intention  of  procuring  arms  and  returning  to  the  conflict. 
Messengers  were  immediately  dispatched  in  different  directions 
with  instructions  to  visit  the  haunts  and  purlieus  of  the  rioters, 
and  to  bring  instant  intelligence  of  any  appearance  of  a  new 
gathering  ;  and  in  the  mean  time  the  authorities  hastily  prepared 
for  any  further  duty  which  might  devolve  upon  them.  But  the 
scouts  returned  with  the  report  that  all  was  quiet. 

12.  Yery  soon  after  the  firing  from  the  building  the  police 
made  arrests  of  persons  who  had  been  active  in  the  riot,  and 
attempts  at  forcible  rescue  were  made  by  the  mob.  One  man, 
physically  powerful,  collected  a  squad  of  followers  and  waylaid 

59 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [SEC.  13-16. 

three  policemen  who  were  taking  a  rioter  to  jail,  but  the  police 
arrested  him  and  dispersed  his  followers  by  exhibiting  their 
pistols. 

13.  It  appears  that  the  mob  spirit  had  been  gathering  form  and 
force  for  a  month  before  it  broke  out,  and  that  it  had  been  stim- 
ulated and  fostered  by  men  of  influence.     The  project  had  been 
known  in  Portland  early  in  May,  in  Boston  two  weeks  before  its 
execution,  and  it  was  spoken  of  in  Saco,  North  Yarmouth,  Gor- 
ham,  and  Paris  on  the  morning  of  that  day. 

14.  The  ringleader  of  the  mob,  who  lost  his  life  in  it,  was  a 
strong  and  muscular  man,  a  sailor,  and  had  left  Boston  a  day  or 
two  before  to  avoid  an  arrest ;  he  was  engaged  in  the  King  riot 
in  Portland  about  five  years  before.     He  engaged  in  this  tumult 
deliberately,  having  spoken  of  it  in  the  afternoon,  and  having 
refused  the  advice  to  keep  away  from  it. 

15.  All  the  members  of  the  police,  without  exception,  from 
the  beginning  to  the  end  of  the  affair,  were  perfectly  cool  and 
collected,  betraying  no  symptom  of  being  flurried,  and  the  same 
is  true  of  the   commander  and  all  the   members   of  the   Rifle 
Guards.     Every  thing  on  the  part  of  the  authorities  was  done 
with  deliberation  as  well  as  with  firmness  and  decision. 

16.  If  that  infuriated  mob  had  accomplished  their  first  object, 
they  would  have  become  mad  on  the  liquors  of  the  Agency,  then 
setting  fire  to  the  remainder  would  have  destroyed  the  City  Hall, 
for  that  purpose  was  avowed.     Then  none  but  God  can  know 
how  far  their  passions  would  have  driven  them.     It  was  the  duty 
of  the  authorities  to  uphold  the  majesty  of  the  law,  and  to  sup- 
press at  any  hazard  the  ferocious  mob  which  sought  to  overthrow 
law  and  order,  and  to  let  loose  upon  the  citizens  all  the  horrors 
of  anarchy  and  riot.    If  the  authorities  had  permitted  themselves 
to  have  been  overthrown  and  crushed  by  the  mob,  without  em- 
ploying all  the  power  which  the  law  had  put  into  their  hands  for 
the  suppression  of  tumults,  they  would  have  shown  themselves 
to  have  been  unworthy  the  confidence  and  respect  of  those  who 
placed  the  government  of  the  city  in  their  hands.     But  with  the 
calm  bravery  that  was  manifested  by  Mayor  Dow,  Aldermen 

60 


CHAP.X.]  LIFE   OP   NEAL   DOW  [SEC.  17, 18. 

CARLETON  and  BROOKS,  it  must  be  conceded  that  there  was 
neither  a  want  of  bravery  on  the  one  hand  nor  a  hasty  rashness 
to  the  injury  of  the  mob  on  the  other.  Such  conduct  as  was 
manifested  by  Mayor  Dow  and  his  fellow-members  of  the  com- 
mittee would,  in  a  monarchical  country,  have  been  rewarded 
by  a  mark  of  special  favor  from  the  throne.  We  have  known 
of  cases  in  England  where  mayors  have  exhibited  far  less  per- 
sonal valor  in  defense  of  public  property  and  the  maintenance  of 
peace,  and  they  have  received  the  distinction  of  knighthood  for 
their  eminent  services.  Bravery  and  courage  are  qualities  which 
are  reasonably  expected  of  men  who  make  a  profession  of  the 
use  of  arms,  but  when  men  unaccustomed  to  shoulder  the  musket 
show  themselves  ready  at  the  hour  of  peril  to  take  the  lead  in 
quelling  an  infuriated  mob,  and  thereby  place  themselves  in  a 
position  which  at  any  moment  may  end  their  lives,  they  certainly 
deserve  those  high  distinctions  which  history  so  justly  awards. 

17.  In  our  first  chapter,  written  before  these  events  had  tran- 
spired, we  remarked,  with  reference  to  the  name  of  NEAL  Dow, 
that  it  is  "  one  of  the  most  remarkable  in  the  history  of  American 
reformers,  and  we  might  say,  were  he  not  still  living,  of  American 
heroes."     We  have  now  the  opportunity  of  saying,  that  although 
still  living,  his  name  has  been,  by  the  force  of  perilous  circum- 
stances and  the  bravery  he  has  manifested  under  them,  placed  on 
the  records  of  his  state  and  country  high  among  those  whom 
posterity  to  delight  to  honor. 

18.  Notwithstanding  the  facts  which  are  here  stated,  the  news- 
papers of  Portland  devoted  to  the  rum  interest  availed  themselves 
of  the  opportunity  to  injure  the  character  of  NEAL  Dow  to  their 
utmost  ability,  as  had  been  previously  projected.     Their  reports, 
as  is  now  well  known,  were  calculated  to  lead  the  people  of  Amer- 
ica to  suppose  that  NEAL  Dow  had  rashly  ordered  the  firing  upon 
an  almost  peaceable  gathering  of  citizens.     They  even  went  so 
far  as  to  declare  him  guilty  of  the  murder  of  ROBBINS,  and  de- 
manded that  the  law  should  be  executed  upon  him  for  his  crime  ! 
This  showed  plainly  who  were  the  real  instigators  of  the  riot, 
and  on  whose  heads  the  guilt  of  the  blood  spilled  must  be  fixed. 

Gl 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [SEC.  19-21. 

All  unbiased  citizens  say  without  hesitation  that  it  was  the 
language  used  in  the  papers  above  referred  to  that  led  to  the 
outbreak.  As  the  inquest  which  was  held  on  the  body  of  ROB- 
BINS  returned  a  verdict  which  justified  the  authorities,  an  en- 
lighted  public  will  know  where  to  attach  the  responsibility. 

19.  A  meeting  was  called  by  the  opponents  of  NEAL  Dow  on 
the  following  Monday,  and  resolutions  were  passed  condemning 
his  course.     They  also  appointed  a  committee  of  nine  persons 
to  investigate  the  affair  and  to  report  thereon,  and  at  the  same 
time  passed  a  resolution  calling  upon  him  to  resign  office — before 
their  committee  could  have  time  to  report.     This  gave  additional 
opportunity  for  the  press  to  use  its  influence  in  defaming  NEAL 
Dow's  character,  by  endeavoring  to  make  it  appear  that  the  cit- 
izens really  desired  that  he  should  resign".     JOHN  L.  POOR,  the 
editor  of  The  State  of  Maine,  in  whose  paper  statements  had 
appeared  which  led  to  this  outbreak,  was  one  of  the  speakers  at 
this  meeting. 

20.  The  trial  of  NEAL  Dow  for  having  liquors  in  his  posses- 
sion to  "  sell  in  the  State  in  violation  of  law,"  took  place  at  the 
police  court  on  the  following  Tuesday.     Hon.  W.  P.  FESSENDEN 
appeared  for  the  defense  and  Hon.  NATHAN  CLIFFORD  for  the 
prosecution.     After  an  examination  of  witnesses  on  both  sides, 
and  the  speeches  of  the  counsel,  the  trial  came  to  a  conclusion. 
In  reference  to  the  conversation  above  referred  to  of  NEAL  Dow 
and  Alderman  RING,  the  latter  testified  as  follows : 

I  did  not  understand  from  the  conversation  with  Mr.  Dow  that  if  he  had 
procured  or  bought  the  liquors,  he  had  done  it  for  any  other  purpose  than 
on  account  of  the  city  and  for  the  Agency. 

The  following  day,  Judge  CARTER  decided  that  no  agency  had 
been  established,  as  no  agent  had  been  appointed ;  but  held  that 
the  statute  did  not  specify  whether  the  liquor  should  be  pur- 
chased before  or  after  the  agent  is  selected,  and  that  as  subse- 
quently the  liquors  were  turned  over  to  the  city,  there  was  not 
evidence  of  criminal  intent  on  the  part  of  the  Mayor ;  so  NEAL 
Dow  was  discharged. 

21.  Both  the  coroner's  inquest  and  the  trial  at  the  police  court 
62 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [Sec.  22. 

failing  to  substantiate  any  charge  against  Mayor  Dow,  his  ene- 
mies, exasperated  at  the  defeat  of  their  plans,  determined  to 
institute  an  inquest  of  their  own.  They  accordingly  applied  to 
the  authorities,  and  gained  permission  to  view  the  body  of  their 
departed  ringleader.  It  had  been  buried  in  the  tombs,  and  had 
been  followed  there  by  a  procession  of  about  300  admirers,  and 
an  American  flag  at  half-mast,  carried  by  a  sailor.  They  com- 
menced an  inquiry,  with  a  coroner  and  jury  composed  entirely  of 
known  opponents  to  the  Maine  Law.  The  authorities,  although 
refusing  to  recognize  this  as  a  legal  inquest,  took  care  to  send  a 
sufficient  number  of  witnesses  to  continue  the  inquiry  for  at  least 
two  weeks.  In  the  mean  time,  at  the  request  of  Mayor  Dow, 
the  Board  of  Aldermen  ordered  an  inquiry  to  be  instituted  by  a 
committee  of  citizens  selected  without  regard  to  party  bias. 
These  two  bodies  were  in  session  at  the  time  our  manuscript 
went  to  press.  Whatever  verdict  may  be  rendered  by  either  will 
be  of  but  little  consequence,  as  the  legal  inquest  has  already  pro- 
nounced upon  the  act. 

22.  The  first  effect  produced  by  the  reports  given  through  the 
telegraph,  and  by  the  State  of  Maine  and  Eastern  Argus  news- 
papers, on  the  public  mind,  was  that  NEAL  Dow  had  been  guilty 
of  some  indiscretions ;  and  even  his  friends  at  a  distance,  who 
did  not  understand  the  character  of  the  papers  in  which  the  re- 
ports referred  to  appeared,  naturally  felt  concerned  for  NEAL  Dow 
and  the  cause  of  prohibition ;  but  the  more  enlightened  portion 
of  the  community,  and  those  who  knew  NEAL  Dow  best,  received 
these  reports  with  incredulity ;  and  the  Tribune  newspaper, 
while  inserting  them  as  the  only  reports  they  could  then  obtain, 
cautioned  the  public  against  believing  them,  as  from  the  well- 
known  character  of  NEAL  Dow  it  was  not  at  all  likely  that  he 
would  be  guilty  of  the  charges  made  against  him.  The  New 
York  Independent  at  this  time  made  the  following  remarks  : 

There  is  but  one  rule  to  be  observed  with  a  mob,  and  that  is  to  disperse  it 
by  powder  and  ball,  after  fair  warning  of  that  measure  has  been  given. 
In  some  of  the  preliminary  steps  Mayor  Dow  may  have  been  imprudent. 
We  have  no  disposition  to  glorify  him,  or  to  associate  the  question  of  prohi- 
bition with  his  individuality.  But  at  the  last,  when  a  mob  was  raging 

63 


CHAP.  X.]  LIFE  OF  NEAL  DOW.  [SEC.  23-25. 

against  the  property  of  the  city  which  he  is  sworn  to  protect,  he  could  but 
do  as  he  did,  and  show  that  at  all  hazards  he  would  maintain  the  public 
peace.  No  matter  what  occasioned  the  riot,  there  was  but  one  way  to  put 
down  the  mob.  The  lesson  will  be  salutary. 

23.  Gradually  the   truth   came  out,   and  although  it   seldom 
spreads  with  the  rapidity  of  scandal,  it  has   a  more   enduring 
effect.     It  made  its  way  throughout  the  country,  and  those  papers 
that  had  published  the  first  accounts  were  in  honor  bound  to  pub- 
lish the  correct  reports  given  in  the  Portland  Advertiser.     Fol- 
lowing this,  NEAL  Dow,  on  the  9th  of  June,  made  a  report  to  the 
Board  of  Aldermen  of  the  events  of  the  2d  of  June,  relating  the 
circumstances  in  a  fair  and  candid  spirit,  which  report  was,  by 
order  of  the  Board,  entered  on  the  records  of  the  city  as  a  true 
and  faithful  account  of  the  whole  proceeding.     From  this  official 
record,  and  from  facts  collected  from  several  other  sources,  we 
have  compiled  the  preceding  account.     The  official  statement 
of  Mayor  Dow  was  also  inserted  in  the  papers  throughout  the 
country,  and  no  attempt  has  been  made,  so  far  as  we  have  learned, 
to  refute  a  single  statement  contained  therein. 

24.  As  a  pleasing  indication  of  the  respect  entertained  for 
NEAL  Dow,  and  the  sympathy  felt  for  him  under  the  circum- 
stances of  persecution  and  annoyance  to  which  he  has  been  sub- 
jected, he  received,  on  the  19th  of  June,  from  the  temperance 
women  of  Biddeford,  Me.,  a  beautiful  silver  pitcher  and  two  gob- 
lets, ornamented  by  vines,  foliage,  and  fruit,  in  very  high  relief, 
superbly  embossed,  the  twisted  vine-stalk  forming  the  handle  of 
the  pitcher.     Tastefully  surrounded  by  the  foliage,  the  following 
appropriate  motto  is  engraved  on  the  pitcher : 

FIDELITY  TO  TEMPERANCE. 

25.  On  the  21st  of  June  the  New  York  State  Temperance  So- 
ciety held  its  annual  convention  at  Albany,  and  among  numerous 
resolutions  the  following  was  passed  unanimously  : 

Resolved,  That  we  heartily  concur  with  the  conclusion  expressed  by  His 
Excellency  Gov.  MORRILL,  of  Maine,  respecting  the  plot  wickedly  instigated 
by  the  enemies  of  the  Maine  Law  in  Portland,  viz.  :  Mayor  Dow,  and  those 
true  men  who  aided  him  in  quelling  the  mob  on  that  occasion,  merit,  and 
will  receive,  the  support  and  approbation  of  all  good  citizens. 
64 


CHAP.  XL]  LIFE  OF  NEAL  DOW.  [SEC.  1. 

26.  On  the  26th  of  June  the  Maine  State  Temperance  Con- 
vention was  held  at  Bangor,  and  resolutions  were  adopted  de- 
claring that  the  mob  at  Portland  was  instigated  by  unprincipled 
politicians  for  party  purposes,  and  commending  Gov.  MORRILL 
as  a  worthy  chief  magistrate,  and  well  deserving  a  re-election. 
The  Portland  correspondent  of  the  New  York  Tribune,  writing 
under  date  of  June  26th,  says  : 

Mayor  Dow  is  now  fully  sustained  by  the  best  and  greater  part  of  our 
community.  Much  of  the  excitement  has  been  fostered  with  the  design  of 
damaging  the  Republican  party  of  this  State ;  but  there  will  be  the  failure 
of  a  blunder  and  the  recoil  of  a  crime. 

Numerous  articles  have  appeared  in  the  impartial  newspapers 
of  the  country  vindicating  the  conduct  of  NEAL  Dow  on  this 
occasion ;  and  among  the  masses  of  the  reading  public  generally 
there  is  now  a  general  recognition  of  the  truth  of  NEAL  Dow's 
own  statement,  and  a  conviction  that  he  did  his  duty  nobly  and 
bravely. 


I  was  one  of  the  party  who  insisted  upon  putting  np  Judge  PARIS  [NEAL  Dow's  opponent  in  the  election 
for  mayor].  There  is  no  question  that  the  city  is  much  quieter  than  it  was  hefore  the  passing  of  the  law, 
and  the  Bcntiment  in  favor  of  the  principle  of  entire  prohibition  is  nearly  universal.— ALLEN  HAINES,  ESQ., 
President  of  Portland  City  Bank. 

DOMESTIC   AND  SOCIAL  EELATIONS  AND  POSITION. 

Father  and  sister  of  NEAL  Dow  and  their  residence— Homestead  and  family  of  NEAL  Dow 
—Friends  and  coadjutors  in  Portland— The  future— Concluding  observations— The  city 
of  Portland. 

1.  IN  his  domestic  relations,  NEAL  Dow  may  be  regarded  as 
fortunate  and  happy.  His  father,  JOSIAH  Dow,  is  still  living  at 
the  age  of  eighty-nine  years  with  his  daughter,  in  a  house 
directly  opposite  NEAL  Dow's  present  residence.  It  is  a  sub- 
stantial family  house,  and  will  be  remarkable  in  history  as  the 
birth-place  of  the  originator  of  the  Maine  Law,  It  is  situated 

65 


CHAP.  XI.]  LIFE  OF  NEAL  DOW.  [SEC.  2,  3. 

on  Congress  Street,  in  front  of  a  large  tannery,  the  superintend- 
ence of  which  has  for  some  years  devolved  upon  NEAL  Dow. 

2.  NEAL  Dow's  residence,  some  idea  of  which  will  be  formed 
from  the  accompanying  engraving,  is  situated  at  the  corner  of 
Dow  and  Congress  streets,  Portland.     The  house  is  of  first- 
class  character,  being  large  and  convenient,  with  spacious  rooms 
on  the  ground  floor,  such  as  parlors,  library,  dining-room,  and 
kitchen,  with  all  the  usual  offices  and  appurtenances  of  a  well- 
ordered  family  homestead,  surrounded  as  it  is  with  a  well-kept 
garden,  with  pleasure  grounds,  and  commanding  a  view  of  the 
magnificent  scenery  already  referred  to.   [Chap.  I.,  Sec.  1.]     In 
this  homestead  reside  the  family  of  NEAL  Dow,  consisting  of 
his  excellent  wife,  formerly  MARIA   CORNELIA  DURANT  MAY- 
NARD,   of  Boston,   Mass.,  three    accomplished  and  industrious 
daughters,  who  enter  into  the  movements  of  their  father  with  all 
the  interest  and  enthusiasm  which  intelligent  appreciation  and 
affection  always  secures,  and  two  sons.     We  should  judge  the 
eldest  of  the  family  is  about  twenty  years  of  age,  and  the  other 
members  eighteen,  fifteen,  eleven,  and  five.     They  possess  all 
the  advantages  of  moral  and  industrial  training  and  education, 
and  for  health,  intelligence,  and  personal  attractions  are  rarely 
equaled  even  in  the  vigorous  and  salubrious  climate  in  which  it 
is  their  happiness  to  reside. 

3.  NEAL  Dow  has  been  fortunately  surrounded  by  a  large 
circle  of  earnest  friends,  who  have  participated  with  him  in  his 
labors  and  shared  with  him  his  perils  and  his  triumphs.     Among 
these  may  be  mentioned  General  JAMES  APPLETON,  already  re- 
ferred to  [Chap.  II.,  Sec.  6]  ;  Hon.  SAMUEL  FESSENDEN,  Presi- 
dent of  the  Maine  Law  Statistical  Society,  who  is  revered  and 
beloved  by  all  who  know  him  for  his  noble  efforts  in  the  cause 
of  human  improvement,  and  for  his  high  moral  and  social  quali- 
ties as  a  man  and  a  Christian ;  Rev.  B.  D.  PECK,  editor  of  the 
Maine  Temperance  Journal,  which  stands  foremost  as  a  non-com- 
promising advocate   of  liquor  prohibition,   and  has   done   good 
service  to  the  cause  ;  Rev.  JAMES  PRATT  ;  Rev.  AUSTIN  WILLEY  ; 
Rev.  L.  F.  BEECHER,  now  of  New  York ;  Rev.  Mr.  LINCOLN, 

66 


RESIDENCE  OF  NKAj,  DOW. 


CHAP.  XI.]  LIFE  OF  NEAL  DOW.  [SEC.  4,  5. 

now  of  Utica,  N.  Y. ;  Rev.  J.  W.  TURNER,  Rev.  WM.  McDoN- 
ALD,  GEO.  H.  SHIRLEY,  CHARLES  A.  STACKPOLE,  JOHN  T.  WAL- 
TON, Aldermen  CARLETON,  JONES,  and  BROOKS,  already  referred 
to  [Chap.  IX.,  Sec.  3-7].  These,  and  many  others,  have  aided 
in  bringing  public  opinion  up  to  its  present  state  of  direct  antag- 
onism to  the  liquor  traffic  in  Portland,  and,  through  the  example 
of  that  city,  of  strengthening  the  cause  of  prohibition  throughout 
the  world. 

4.  Whatever  the  future  of  NEAL  Dow  may  be,  it  is  certain 
that  what  he  has  achieved  will  form  material  for  a  most  import- 
ant portion  of  the  social  history  of  the  world  during  the  present 
century,  and  its  results  on  future  ages,  there  is  reason  to  believe, 
will  be  of  incalculable  benefit.     He  is  now  in  the  full  vigor  of 
his  manhood,  and  in  saying  that  we  wish  him  a  long  life  of  pros- 
perity, usefulness,   and  enjoyment,  we   are  but  expressing  the 
feeling  of  the  whole  sober  population  of  this  country.     That  he 
could  command  a  strong  vote  in  all  the  Northern  States  were  he 
nominated  to  the  Vice-Presidency  of  the  country,  can  scarcely 
be  doubted,  and  if  ever  he  should  be  called  to  fill  that  posi- 
tion, he  would  do  much  to  redeem  it  and  the  country  from  the 
stigma  attached  to  that  office  by  predecessors.      With  NEAL 
Dow  as  the  presiding  officer  of  the  Senate,  the  scenes  of  drunk- 
enness  which  disgraced  the  last  Congress  could  scarcely  be 
repeated.     At  all  events,  there  would  be  in  the  person  of  the 
Vice-President  a  stern  reproof  to  all  such  proceedings,  and  the 
country  would  in  this  way  best  express  its  feelings  and  vindi- 
cate the  national  honor  and  morality. 

5.  Those  who  have  read  this  narrative  thus  far  have  learned 
that  the  life  of  NEAL  Dow  hitherto  has  been  one  of  ceaseless 
activity  and  usefulness.     He  has  not  only  been  carrying  on  suc- 
cessfully a  large  business  concern,  which  of  itself  would  have 
been  sufficient  labor  for  a  man  of  common  executive  capacity, 
but  he  has  had  upon  his  mind  the   direction  of  a  movement 
which  has  required  an  unusual  amount  of  tact,  talent,  and  ability, 
together  with  Qie  duties  of  the  several  responsible  positions  he 
has  been  called  upon  by  his  fellow-citizens  to  fill.     While  he 

67 


CHAP.  XI.]  LIFE  OF  NEAL  DOW.  [SEC.  6. 

has  been  surrounded,  it  is  true,  by  many  valiant  friends,  he  has 
also  had  to  contend  with  the  bitterest  and  most  malignant  ene- 
mies— enemies  who  have  had  no  scruples  of  conscience  to  deter 
them  from  the  vilest  calumnies  and  the  most  iniquitous  plots. 
Throughout  the  whole  of  this  arduous  enterprise,  which  has  en- 
gaged the  last  fifteen  years  of  his  life,  he  has  maintained  a  con- 
sistency of  conduct  and  manliness  of  character  to  which  it  is  the 
happiness  of  but  few  to  attain.  The  ardent  impetuosity  of  his 
nature  has  been  wisely  directed  ;  and  notwithstanding  the  scur- 
rilous reports  circulated  by  his  enemies,  no  charge  of  indiscre- 
tion even,  in  the  discharge  of  his  official  and  public  duties,  has 
been  substantiated  against  him.  While  his  opponents  are  meanly 
plotting-  and  planning  for  his  overthrow,  he  is  quietly  pursuing  a 
course  which  foils  their  plans  and  frustrates  their  attempts ;  so 
that  when  the  time  of  action  comes  they  find  him  on  the  alert, 
and  with  a  rapidity  of  motion  and  a  calmness  of  judgment  which 
baffle  his  assailants,  he  meets  them  with  appropriate  weapons 
and  turns  their  hoped-for  glory  into  shame. 

6.  The  early  settlement  of  this  peninsula  had  its  times  of 
trial,  disaster,  and  destruction  [Chap.  I.,  Sec.  2],  but  it  has  sur- 
vived them  all,  and  become  a  city  which  for  energy,  enterprise, 
and  general  importance  to  the  country  is  surpassed  by  none  of 
its  size.  The  moral  settlement  of  Portland  has  been  scarcely 
less  jeopardized  than  was  its  material  erection.  The  rum  fiend 
and  its  minions  were  as  destructive  to  the  welfare  of  the  city  as 
were  the  Indians  and  the  French  to  that  of  the  original  settle- 
ment ;  but  by  the  bravery  of  some  of  Portland's  noblest  sons 
these  enemies  have  been  conquered,  and  the  last  was  their  most 
desperate,  and,  we  trust,  their  death  struggle.  Portland  is  now 
in  more  than  one  respect  "  a  city  set  upon  a  hill  which  can  not 
be  hid,"  and  the  moral  revolution  in  which  she  has  taken  the 
lead  is  rapidly  extending  its  benign  influence  over  the  civilized 
world. 
68 


$ttt 


HISTORY  OF  LIQUOR  PROHIBITION. 


CONTENTS. 


Page 
UNITED   STATES   AND   TERRITORIES  ...............................       71 


SUMMARY  OF   THE    UNITED    STATES  ...............  .       88 


Chapter 

FOREIGN   STATES   AND    NATIONS .       93 


HISTORY 


OF 


LIQUOR     PROHIBITION 


©iu. 

It  is  a  legislation  of  consummate  wisdom,  thoroughness,  and  energy.  Maine  Is  worthy,  If  her  course 
from  this  step  is  straightforward,  to  direct  the  legislation  of  the  whole  world  and  the  policy  of  all  civilized 
communities.— EEV.  DK.  CHEEVEB,  of  New  York. 

UNITED    STATES    AND    TERRITORIES. 

Progress  of  Prohibition  in  the  United  States— Alabama— Arkansas— California— Columbia 
—Connecticut—  Delaware  —Florida—  Georgia—  Illinois—  Indiana—  Indian  Territory- 
Iowa— Kanzas— Kentucky— Louisiana— Maine— Maryland— Massachusetts— Michigan- 
Minnesota— Mississippi— Missouri—  Nebraska— New  Hampshire— New  Mexico— New 
York— New  Jersey— North  Carolina— Ohio— Oregon— Pennsylvania— Rhode  Island- 
South  Carolina — Tennessee — Texas — Utah — Vermont — Virginia —  Washington  [Terri- 
tory]—Wisconsin. 

THE  legal  prohibition  of  the  liquor  traffic  has  within  the  last 
four  years  become  a  subject  of 'agitation  in  every  State,  District, 
and  Territory  of  the  United  States.  When  it  is  known  how 
deep  a  hold  it  has  acquired  on  the  public  mind,  and  how  perma- 
nently it  has  affected  the  legislation  of  the  country  within  this 
short  period  ;  how  great  and  deep-rooted  have  been  the  interests 
and  prejudices  which  it  has  opposed,  the  progress  which  the 
prohibitory  principle  has  made  within  this  period  is  such  as  may 
well  excite  the  astonishment  of  the  old  world.  But  it  is  per- 
fectly consistent  with  the  genius  of  republican  governments  that 
the  will  of  the  people  should  become  embodied  in  the  laws  of 
the  land  as  soon  as  a  wide-spread  intelligence  can  mature  that 
will  into  a  practical  form.  We  present  a  brief  view  of  the  posi- 
tion of  the  movement  in  each  State  and  Territory  in  order  to 
arrive  at  a  concise  view  of  the  whole. 

71 


LIQUOR  PROHIBITION  IN 


STATE    OF    ALABAMA. 

Population  in  1850,  771,623.  Density  to  square  mile  15.21. 
Area  50,722  square  miles. 

The  Sons  of  Temperance  and  other  friends  of  the  cause  in 
this  State  are  zealously  advocating  the  Prohibitory  Law.  A  mu- 
nicipal prohibitory  liquor  law  has  been  in  operation  in  Tusca- 
loosa  since  1851.  It  was  passed  with  a  view  of  preserving  the 
students  at  the  college  from  the  temptations  to  indulge  in  strong- 
drink.  At  Gainsville  licenses  are  raised  to  $2,000  per  annum. 

STATE   OF   ARKANSAS. 

Population  in  1850,  209,897.  Density  to  square  mile  4.02. 
Area  52,198  square  miles. 

Prohibition  has  been  agitated  to  some  extent,  but  we  have  not 
learned  that  any  vote  has  yet  been  taken  on  the  subject. 

STATE    OF    CALIFORNIA. 

Population  in  1850,  92,597.  Density  to  square  mile  .59. 
Area  155,980  square  miles. 

The  movement  for  prohibition  has  made  good  progress  even 
in  this  distant  State.  The  latest  intelligence  received  was,  that 
the  Prohibitory  Law  had  passed  the  House,  and  the  question  is  to 
be  submitted  to  popular  vote  in  the  fall  of  1855. 

DISTRICT    OF    COLUMBIA. 

Population  51,687.  Density  to  square  mile  871.45.  Area  60 
square  miles. 

The  question  of  prohibition  was  submitted  to  the  inhabitants 
of  Washington  city,  which  contains  three  fourths  of  the  people 
of  this  District,  in  1853,  when  it  was  decided  in  favor  of  prohibi- 
tion by  a  large  majority.  But  as  the  corporation  of  that  city 
have  not  in  this  respect  carried  out  the  views  of  the  majority  of 
the  citizens,  drunkenness  prevails  in  every  part  of  the  city.  It 
is  scarcely  possible  to  walk  through  Pennsylvania  Avenue,  the 
principal  thoroughfare  of  the  city,  without  meeting,  at  almost  any 
hour  of  the  night  or  day,  poor,  deluded  victims  of  the  rum  traffic 
72 


THE   UNITED   STATES. 


in  a  state  of  intoxication.  The  halls  of  Congress,  both  the 
Senate  and  the  House  of  Representatives,  are  disgraced  by 
members  who  quarrel  and  sometimes  fight  under  the  influence  of 
liquor,  while  we  have  frequently  seen  the  public  business  of  the 
country  impeded  by  the  intemperance  of  its  representatives  and 
senators. 

A  bill  for  the  better  protection  of  life  and  property  in  the 
District  of  Columbia  by  prohibiting  the  sale  of  intoxicating 
liquors  as  beverages  therein,  was  given  notice  of  in  Congress 
during  its  recent  session,  but  being  near  the  close  of  the  thirty- 
third  Congress  its  introduction  was  objected  to. 

The  main  feature  of  this  bill  was  to  make  the  sale  of  liquor 
for  a  beverage  illegal ;  to  fine  and  imprison  the  offender,  and  to 
make  him  responsible  for  all  injury  to  person  or  property  caused 
by  the  victim  of  such  violation  ;  also  making  the  seller  of  strong 
drink  responsible  for  the  maintenance  of  paupers  or  others  ren- 
dered chargeable  by  such  sale,  and  in  case  of  a  death  caused, 
either  by  the  drink  so  sold  illegally,  or  by  accident  arising  there- 
from, the  party  proved  to  have  sold  the  liquor  to  be  adjudged 
guilty  of  murder  in  the  third  degree  or  manslaughter,  according 
to  the  judgment  of  a  jury.  It  likewise  empowered  life  and  fire 
insurance  companies,  benefit  societies,  and  the  relatives  of  the 
deceased  to  sue  for  and  recover  damages  to  the  amount  of  their 
injuries,  the  seller  of  the  liquors  illegally  to  be  made  responsible 
and  subject  to  action  in  each  case  in  addition  to  the  penalties 
incurred  by  his  crime. 

STATE    OF    CONNECTICUT. 

Population  in  1850,  370,792.  Density  to  square  mile  79.33. 
Area  4,674  square  miles. 

In  1853  a  prohibitory  bill  drawn  up  by  Chief  Justice  WILLIAMS 
passed  the  Legislature  of  this  State,  after  a  severe  conflict  at  the 
elections.  Governor  SEYMOUR  however  vetoed  it.  The  follow- 
ing year  Hon.  HENRY  DUTTON  was  elected  governor,  and  a  bill 
perfected  by  Hon.  DAVID  C.  SANFORD,  of  New  Milford,  chairman 
of  Judiciary  Committee  on  the  part  of  the  House,  and  Hon. 

4  73 


LIQUOR  PROHIBITION  IN 


HENRY  B.  HARRISON,  of  New  Haven,  of  the  same  committee  on 
the  part  of  the  Senate,  aided  by  the  suggestions  of  the  Governor, 
passed  by  a  vote  of  13  to  1  in  the  Senate  and  of  148  to  61  in 
the  House.  We  refer  to  Results  of  Prohibition  in  Connecticut 
for  further  history. 

STATE    OF    DELAWARE. 

Population  in  1850,  91,532.  Density  to  square  mile  43.18. 
Area  2,120  square  miles. 

In  February,  1847,  the  Legislature  passed  a  prohibitory  law, 
referring  it  to  the  people.  Maine  was  the  first  to  enforce 
the  Prohibitory  Law,  and  to  the  State  of  Delaware  belongs  the 
honor  of  having  upon  her  statute-books  the  second  Prohibitory 
Liquor  Law  enacted  by  any  State  in  the  Union.  Newcastle 
County  voted  in  favor  of  the  law  on  the  6th  day  of  April  follow- 
ing, but  there  was  a  small  majority  in  Kent  and  Sussex  counties 
against  it.  Subsequently  the  law  was  set  aside  by  the  court  as 
unconstitutional,  because  it  was  referred  to  the  people. 

This  decision  had  the  effect  of  retarding  the  work  for  awhile. 
The  friends  of  temperance,  untiring  in  their  efforts,  buckled  on 
the  armor  again  for  the  conflict,  determined  to  push  the  battle  to 
the  very  gates  of  the  enemy;  and  in  1850  they  formed  them- 
selves into  a  third  party  organization.  The  Whig  party,  having 
had  the  power  in  the  State  for  many  years,  to  encourage  'the 
friends  of  temperance  to  vote  with  them  (a  majority  of  temper- 
ance men  belonged  to  that  party)  at  their  primary  meetings, 
passed  resolutions  favoring  the  temperance  movement,  and  after 
the  elections  disappointed  them. 

The  Democratic  Legislature  of  1850  passed  an  act  to  close  up 
the  hotels  on  Sunday.  This  law  was  received  with  much  favor, 
and  was  observed. 

But  the  same  Legislature,  at  an  extra  session,  without  any 
petitions,  repealed  the  law.  This  aroused  the  friends  of 
temperance  to  action  again.  In  October  of  this  year  Rev.  A. 
POULSON  commenced  the  publication  of  a  paper  at  Smyrna,  in 
Kent  County,  called  The  Delaware  Herald,  devoted  to  the  cause, 
74 


THE  UNITED  STATES. 


In  1852  the  Whig  party  was  again  elected,  and  many  petitions 
for  prohibition  were  sent  in  ;  after  making  several  attempts  to 
prepare  and  pass  a  prohibitory  law,  they  again  referred  it  to  the 
people  in  school  districts,  and  at  the  same  time  restored  the  Sun- 
day law.  This  was  not  the  law  asked  for  or  desired,  but  under 
its  operation  the  rum  shops  of  the  State  were  much  diminished. 

By  a  union  of  the  Temperance  party  with  the  Native  Ameri- 
cans in  1854,  the  election  resulted  favorably  to  the  cause,  and 
the  result  was  the  passage  of  the  Prohibitory  Liquor  Law  on  the 
27th  of  February,  1855.  It  took  effect  on  June  3d. 

The  announcement  of  the  passage  of  this  law  produced  a 
thrill  of  joy  in  the  hearts  of  thousands ;  never  was  there  a  law 
enacted  in  the  State  that  meets  with  such  general  favor.  It  has 
proved  a  blessing  to  many  families  that  have  long  been  deprived 
of  the  comforts  and  blessings  of  life,  and  is  being  generally  and 
successfully  enforced. 

STATE    OF    FLORIDA. 

Population  in  1850,  87,445.  Density  to  square  mile  1.48. 
Area  59,268  square  miles. 

Some  advancement  has  been  made  in  this  State  in  the  cause 
of  prohibition,  but  we  have  not  learned  that  a  direct  vote  has 
been  taken  on  the  subject. 

STATE    OF    GEORGIA. 

Population  in  1850,  906,185.  Density  to  square  mile  15.62. 
Area  58,000  square  miles. 

The  subject  of  prohibition  is  being  discussed  and  agitated  in 
this  State,  but  what  the  action  of  the  Legislature  will  be  is  at 
present  uncertain.  A  convention  met  at  Atlanta,  February  22, 
1855,  and  nominated  a  prohibitory  law  candidate  for  governor. 

STATE    OF    ILLINOIS. 

Population  in  1850,  851,470.  Density  to  square  mile  15.37 
Area  55,405  square  miles. 

75 


LIQUOR  PROHIBITION  IN 


After  great  effort  on  the  part  of  the  friends  of  temperance,  a 
stringent  prohibitory  liquor  law  passed  the  Legislature  by  a  vote 
of  46  to  26  in  the  House  in  1855.  It  was  approved  by  the 
Governor,  but  it  contained  a  clause  submitting  it  to  the  approval 
of  the  people  in  June  of  the  same  year ;  and  through  the  corrup- 
tion of  the  election  it  was  defeated.  The  friends,  however,  take 
courage,  knowing  that  it  has  suffered  similar  defeat  in  other 
States  where  it  is  now  in  successful  operation. 

STATE    OF    INDIANA. 

Population  in  1850,  988,416.  Density  to  the  square  mile 
29.24.  Area  33,809  square  miles. 

There  is  much  enthusiasm  in  Indiana  on  the  subject  of  prohibi- 
tion, and  there  are  some  earnest  women  engaged  in  the  work.  In 
1853  a  prohibitory  liquor  law  was  enacted  here,  which  contained  a 
clause  providing  that  it  be  submitted  to  the  people.  This  clause 
was  pronounced  unconstitutional  by  the  judges  of  the  Supreme 
Court.  But  in  1855  a  new  prohibitory  law  passed  the  Senate 
by  a  vote  of  29  to  18,  and  the  House  by  a  vote  of  51  to  41.  The 
law  took  effect  on  the  12th  of  June,  and  reports  of  its  successful 
operation  are  already  received. 

INDIAN    TERRITORY. 

[South  of  Kanzas.] 

Area  71,127  square  miles. 

During  the  administration  of  General  JACKSON  a  law  was  en- 
acted prohibiting  the  sale  of  intoxicating  liquors  to  the  Indians, 
and  authorizing  the  seizure  and  confiscation  of  intoxicating 
liquors,  whether  of  home  manufacture  or  imported,  found  upon 
Indian  Territory.  So  that  although  the  Democratic  party  are 
now  the  loudest  in  their  denunciations  of  the  prohibitory  liquor 
laws,  under  the  efficient  government  of  General  JACKSON  the 
principle  was  not  only  acknowledged,  but  carried  further  than 
has  yet  been  attempted  in  any  of  the  States.  This  law  is  still 
in  force. 
76 


THE  UNITED  STATES. 


STATE    OF    IOWA. 


Population  in  1850,  192,214.  Density  to  square  mile  3.78. 
Area  50,914  square  miles. 

The  Prohibitory  Liquor  Law  passed  the  Legislature  of  this 
State  in  1855,  and  was  confirmed  by  a  vote  of  the  people  the  fol- 
lowing April  by  a  vote  of  25,555  to  22,645. 


TERRITORY    OF    KANZAS. 

Population  in  1855,  8,516.     Area  114,798  square  miles. 

This  Territory  is  too  new  to  have  any  settled  policy  on  the 
question  of  prohibition.  Gov.  REEDER  has  recommended  a  pro- 
hibitory law  in  his  message. 

STATE    OF    KENTUCKY. 

Population  in  1850,  982,405.  Density  to  the  square  mile 
26.07.  Area  37,680  square  miles. 

There  was  a  vigorous  movement  in  the  Legislature  of  this 
State  last  year  in  favor  of  the  Maine  Liquor  Law,  which  will  be 
repeated.  At  Princeton  licenses  are  $1,500  per  annum. 

STATE    OF   LOUISIANA. 

Population  in  1850,  517,762.  Density  to  square  mile  12.55. 
Area  41,255  square  miles. 

At  New  Orleans,  reputed  to  be  a  city  of  great  dissipation,  the 
electors  voted  in  the  fall  of  1854  on  the  question  of  license  or 
no  license  ;  the  result  was :  for  license  7,700,  against  2,358. 
This  can  hardly  be  considered  a  test  vote  on  the  subject  of  pro- 
hibition, as  many  might  vote  in  favor  of  license,  believing  that 
it  would  be  better  than  no  license,  who  would  be  in  favor  of 
prohibition. 

STATE    OF    MAINE. 

Population  in  1850,  583,169.  Density  to  square  mile  18.36 
Area  31,766  square  miles. 

A  law  prohibiting  the  sale  of  intoxicating  liquors  passed  the 
State  Legislature  of  Maine  in  1846.  It  was  not  sufficiently  se- 

77 


LIQUOR    PROHIBITION   IN 


vere  in  its  penalties.  In  1851  the  next  prohibitory  liquor  law 
was  passed.  It  was  amended  in  1853,  and  substituted  in  1855 
by  a  still  more  stringent  act,  prohibiting  carriers  from  conveying 
liquors.  For  extended  history  see  Life  of  Hon.  Neal  Dow  and 
Results  of  Prohibition  in  Maine. 

STATE    OF    MARYLAND. 

Population  583,034.  Density  to  the  square  mile  52.41. 
Area  11,124  square  miles. 

A  prohibitory  liquor  law  was  defeated  only  with  difficulty  in 
the  Senate  in  1854,  it  having  passed  the  House.  The  city  of 
Baltimore  gained  a  complete  prohibition  victory  at  the  succeed- 
ing election,  the  candidates  nominated  by  the  Maine  Liquor  Law 
party  being  elected  by  a  good  majority.  As  Baltimore  is  one  of 
the  most  important  commercial  cities  of  the  Union,  it  is  encour- 
aging to  find  it  takes  so  bold  a  stand  on  this  question,  especially 
as  large  commercial  cities  are  commonly  the  most  difficult  to 
move  in  favor  of  prohibition. 

STATE    OF    MASSACHUSETTS. 

Population  in  1850,  994,514.  Density  to  the  square  mile 
127.50.  Area  7,800  square  miles. 

In  1851  Rev.  T.  W.  HIGGINSON,  of  Worcester,  in  accordance 
with  a  resolution  passed  by  the  Essex  County  Temperance  Con- 
vention— a  resolution  proposed  by  himself — made  inquiries  by 
circular  addressed  to  the  leading  temperance  men  of  Maine  as  to 
the  effects  of  prohibition  in  that  State.  This  was  the  commence- 
ment of  the  movement  in  Massachusetts  ;  and  the  statements 
collected  formed  the  first  body  of  facts  on  the  subject  collected 
in  this  manner.  Mr.  HIGGINSON  afterward  submitted  them  to 
the  State  Temperance  Convention,  held  at  Worcester  the  same 
year,  and  they  formed  an  excellent  report,  and  did  much  to  raise 
public  opinion  to  its  present  standard.  In  1852  a  prohibitory  law 
passed  the  Legislature  of  Massachusetts,  which  was  subsequently 
pronounced  by  the  Supreme  Court  as  unconstitutional  in  some 
of  its  provisions.  This  prevented  the  enforcement  of  the  law 
78 


THE  UNITED  STATES. 


vigorously  in  the  cities,  although  it  has  been  of  great  use  in 
the  country  towns  ;  for  facts  in  relation  to  which  see  Results  of 
Prohibition  in  Massachusetts.  In  compliance  with  general  desire, 
the  Legislature  in  1855  passed  a  perfected  law,  which  is  to  avoid 
the  alleged  unconstitutionality  of  the  former  law.  It  came  into 
effect  on  the  first  of  May,  1855,  and  is  being- generally  enforced. 

STATE    OF    MICHIGAN. 

Population  in  1850,  397,654.  Density  to  a  square  mile  7.07. 
Area  56,243  square  miles. 

A  prohibitory  law  was  enacted  in  this  State  in  1853,  which 
was  submitted  to  the  people,  and  confirmed  by  a  vote  of  forty 
thousand  for  and  twenty  thousand  against  the  law,  and  subse- 
quently pronounced  by  half  the  judges  in  the  Supreme  Court  un- 
constitutional. This  was  sufficient  to  hinder  its  execution  in 
some  of  the  principal  towns,  but  it  has  been  beneficial  in  several 
country  villages,  as  will  be  seen  by  referring  to  Results  of  Pro- 
hibition in  Michigan.  In  1855  the  Legislature  passed  a  law 
which  it  is  believed  will  not  be  set  aside  by  the  judges.  It  is 
now  in  successful  operation,  and  its  results  are  highly  spoken  of 
by  the  Michigan  press. 

TERRITORY    OF    MINNESOTA. 

Population  in  1850,  6,077.  Density  to  square  mile  .04. 
Area  166,025  square  miles. 

The  Legislature  of  this  Territory  passed  a  prohibitory  law  in 
1852  which  was  ratified  by  the  direct  vote  of  the  people  the 
same  year.  In  1853  the  Supreme  Court  of  this  Territory 
decided  that  the  submission  of  the  act  to  the  vote  of  the  people 
was  unconstitutional.  This  hindered  the  proper  enforcement  of 
the  law  and  prevented  its  benefits  from  being  felt.  The  defect 
will  be  remedied  probably  by  the  new  Legislature. 

STATE    OF    MISSISSIPPI. 

Population  606,326.  Density  to  square  mile  12.86.  Area 
47,156  square  miles. 

79 


LIQTJOR  PROHIBITION  IN 


A  restrictive  liquor  law  has  passed  the  Legislature  of  this  State 
which  will  probably  lead  to  total  prohibition.  Licenses  are  re- 
fused at  Monticello. 


STATE    OF    MISSOURI. 


Population  in  1850,  682,044.  Density  to  square  mile  10.12. 
Area  67,380  square  miles. 

The  anti-liquor  movement  is  making  progress  in  Missouri.  A 
Sunday  liquor  prohibitory  law  is  in  successful  operation. 


TERRITORY    OF    NEBRASKA. 

Population  not  reported  in  census.  Area  335,882  square 
miles. 

A  prohibitory  liquor  law  passed  the  first  Legislature,  and  took 
effect  April  1,  1855.  There  is  no  liquor  sold  in  the  Territory. 

STATE    OF    NEW    HAMPSHIRE. 

Population  317,976.  Density  to  square  mile  34.26.  Area 
9,280  square  miles. 

The  House  of  Assembly  has,  previous  to  1855,  twice  passed  a 
prohibitory  bill ;  but  as  the  Senate  of  this  State  is  not  elected  on 
democratic  principles,  the  people  are  prevented  from  having  their 
own  way  in  this  matter  by  the  influence  of  money  interests  con- 
nected with  the  traffic.  The  House  has  for  the  third  time 
passed  the  prohibitory  measure,  and  the  Senate  has  yielded  to 
the  force  of  public  opinion.  The  prohibitory  bill  has  become 
law,  so  that  all  New  England  is  now  under  prohibitory  enact- 
ments. 

TERRITORY    OF    NEW   MEXICO. 

Population  61,547.  Density  to  square  mile  .30.  Area 
207,007  square  miles. 

The  vast  extent  of  this  Territory  and  its  scattering  population 
have  prevented  any  very  efficient  prohibitory  movement  for  the 
present 
80 


THE  UNITED  STATES. 


STATE    OF    NEW    JERSEY. 

Population  489,555.  Density  to  square  mile  58.84.  Area 
8,320  square  miles. 

Strenuous  efforts  have  been  made  in  this  State  to  secure  the 
passage  of  a  prohibitory  law,  and  they  at  last  have  been  success- 
ful in  the  House  of  Assembly  by  a  vote  of  35  to  22.  The 
Senate,  however,  in  hope  of  reaping  a  rich  harvest  from  the  en- 
forcement of  prohibition  in  New  York  State,  postponed  the  con- 
sideration of  the  bill  till  next  session. 

The  Carson  League  has  been  doing  good  in  Jersey  City  in 
enforcing  the  license  law  against  unlicensed  sellers.  A  prohib- 
itory Sunday  law  has  been  recently  more  rigorously  enforced, 
with  some  advantage  to  the  city.  Newark  and  several  towns  in 
this  State  have  refused  licenses. 

STATE    OF    NEW    YORK. 

Population  in  1850,  3,097,394.  Density  to  square  mile  65.90. 
Area  47,000  square  miles. 

The  Legislature  passed  an  excellent  prohibitory  law  in  the 
early  part  of  1854.  Gov.  SEYMOUR,  however,  thought  proper 
to  refuse  his  assent,  and  wrote  a  long  veto  message,  which 
caused  great  disappointment  throughout  the  State,  and  drunken- 
ness and  its  accompanying  evils  went  on  increasing  throughout 
the  year. 

At  the  last  fall  election  the  most  vigorous  efforts  were  made 
by  the  great  rum  party  of  the  State  to  sustain  their  champion, 
HORATIO  SEYMOUR,  who  declared  himself  a  candidate  in  the 
rum  interest,  in  order  to  test  the  question  with  the  people.  The 
capital  of  the  New  York  city  wine  and  spirit  merchants  was 
used  in  abundance  to  influence  the  elections ;  all  the  tactics  of 
adroit  politicians  were  resorted  to ;  the  great  "  Know  Nothing- 
movement"  had  its  champion,  and  "  the  Hards"  had  theirs  in  the 
field,  so  as  to  weaken,  if  possible,  the  temperance  ranks,  and 
avoid  the  election  of  the  prohibition  candidate  for  governor, 
MYRON  H.  CLARK,  who  had  been  most  zealous  in  supporting  the 
prohibitory  bill  in  the  Senate.  Before  the  official  result  was 

4*  81 


LIQUOR  PROHIBITION  IN 


announced,  the  Tribune  and  other  papers  claimed  the  defeat  of 
prohibition  and  the  re-election  of  the  rum-governor,  SEYMOUR. 
The  rum  party,  overjoyed  at  their  victory,  met  in  the  Park  in  New 
York  city,  and  amid  the  roar  of  cannon  shouted  "  huzzas  and 
victory !"  But  "  the  triumph  of  the  wicked"  was  "  short." 
Gradually  did  the  official  returns  come  in  day  after  day,  changing 
the  figures  from  a  majority  of  some  20,000  for  SEYMOUR  to  a 
very  close-run  vote,  until  hope  was  actually  entertained  that 
CLARK  was  elected.  At  length,  about  a  month  after  the  election, 
the  returns  having  been  carefully  canvassed,  MYRON  H.  CLARK 
was  officially  declared  governor  by  a  majority  of  between  300 
and  400.  This  great  moral  victory  over  base  and  sordid  corrup- 
tion was  celebrated  by  banquets  and  public  rejoicings  throughout 
the  whole  State.  Such  a  period  of  heartfelt  public  enthusiasm 
has  seldom  been  known  in  any  country ;  certainly  never  in  so 
good  a  cause. 

On  February  2 1st,  1855,  the  prohibitory  bill  passed  the  Legis- 
lature by  a  vote  of  80  to  45-  in  the  House,  and  subsequently  in 
the  Senate  by  a  vote  of  21  to  11,  the  law  coming  into  effect 
on  the  4th  of  July. 

Lawyers  in  New  York  city  have  been  largely  paid  to  give 
opinions  unfavorable  to  the  law,  and  Mayor  WOOD  being  opposed 
to  the  enactment,  availed  himself  of  these  as  a  plea  to  avoid 
that  complete  enforcement  which  alone  can  insure  its  success. 
Mayor  HALL,  in  Brooklyn,  however,  is  enforcing  the  law  with 
vigor,  and  in  the  smaller  cities  and  towns  and  in  the  country 
places  the  law  is  coming  into  effective  operation. 

STATE    OF    NORTH    CAROLINA. 

Population  in  1850,  869,039.  Density  to  square  mile  17.14. 
Area  50,704  square  miles. 

A  large  number  of  petitions  from  the  people  were  presented 
to  the  Legislature  of  1855,  asking  for  a  prohibitory  liquor  law, 
and  the  House  decided  by  a  good  majority  to  have  the  subject 
fully  considered  by  a  committee,  to  whom  the  petitions  were  re- 
ferred. 
82 


THE  UNITED  STATES. 


STATE    OF    OHIO. 

Population  in  1850,  1,980,329.  Density  to  the  square  mile 
49.55.  Area  39,964  square  miles. 

In  the  early  part  of  1854  an  act  was  passed  in  this  State  for- 
bidding the  sale  of  intoxicating  liquor  for  the  purpose  of  drinking 
in  the  vender's  or  an  adjoining  house,  or  any  place  of  public  re- 
sort; also  to  minors,  except  with  a  written  order  from  their 
parents  or  guardians ;  also  to  persons  intoxicated.  Persons 
selling  liquor  contrary  to  law  are  held  responsible  for  the  effects 
of  such  liquor,  made  to  pay  $1  00  for  every  day  the  inebriate, 
made  so  by  such  illegal  sale,  is  kept  or  taken  care  of ;  and  the 
wife  or  children  can  recover  damages  for  the  losses  they  sustain 
in  consequence  of  such  violation  of  the  law,  the  damages  recov- 
erable by  civil  action  in  any  of  the  courts  having  jurisdiction  of 
the  same.  The  provisions  of  this  act  were  in  some  cases  of 
appeal  decided  unconstitutional,  and  consequently  the  benefits  of 
the  law  have  not  been  realized.  But  on  Saturday,  the  20th  of 
January,  1855,  the  Supreme  Court  of  Ohio  decided  in  the  cases 
of  Frederick  Miller  and  Leoni  Gibson  vs.  The  State,  that  the  law 
of  1st  of  May,  1854,  had  been  constitutionally  passed,  and 
therefore  the  former  judgments  and  orders  were  reversed. 

This  decision  rendered  the  offenders  subject  to  a  fine  and  twenty 
."days'  imprisonment.  Numerous  cases  of  a  similar  nature  were 
pending,  so  that  the  decision  caused  considerable  excitement. 
The  law  in  this  State  had  been  made  stringent  by  its  enemies, 
hoping  thereby  to  defeat  it  by  making  it  odious.  The  result  has 
been  just  the  reverse,  and  it  is  now  very  popular. 

TERRITORY    OF    OREGON. 

Population  in  1850,  13,294.  Density  to  square  mile  .07. 
Area  185,030  square  miles. 

A  kind  of  prohibitory  law  was  enacted  here  in  1852,  but  the 
rapid  influx  of  emigrants,  and  the  strong  contentions  of  party 
politics,  seem  in  a  great  measure  to  have  destroyed  its  efficiency 
among  this  scattered  population.  As  Oregon  will  soon  be  ad- 

83 


LIQUOR  PROHIBITION  IN 


nritted  into  the  Union  as  a  State,  there  will  be  a  better  oppor- 
tunity for  the  enforcement  of  an  efficient  law.  There  is  a  strong 
feeling  in  its  favor  in  this  Territory. 

STATE    OF    PENNSYLVANIA. 

Population  in  1850,  2,311,786.  Density  to  square  mile  50.26. 
Area  46,000  square  miles. 

In  this  State  the  question  of  prohibition  having  been  substan- 
tially approved  by  the  Legislature,  was  submitted  to  a  direct  vote 
of  the  people  at  the  election  in  October,  1854.  The  result  was 
at  first  announced  as  largely  in  favor  of  the  rum  traffic  and  op- 
posed to  prohibition  ;  but  it  was  afterward  discovered  that  prohi- 
bition had  achieved  the  victory  in  the  election  of  governor,  sena- 
tors, and  representatives,  while  the  boasted  majority  in  favor  of 
anti-prohibition  was  found  to  amount  to  a  very  small  number  of 
votes. 

It  appears  from  the  returns  that  the  English  settlers,  princi- 
pally Quakers,  who  occupy  Philadelphia,  Delaware,  Chester,  and 
part  of  Bucks  County  on  the  river  Delaware ;  the  counties  of 
Erie,  Warren,  Bradford,  Susquehanna,  Logan,  Luzerne,  etc., 
which  were  settled  by  New  England  emigrants  ;  and  the  region 
west  of  the  Alleghaiiy  Mountains,  principally  settled  by  people 
of  Anglo-Saxon  origin  from  Scotland,  north  of  Ireland,  and 
from  Wales,  all  gave  considerable  majorities  in  favor  of  prohi- 
bition, while  the  counties  principally  settled  by  Germans  and 
their  descendants,  such  as  Berks,  Lancaster,  Dauphin,  Lehigh, 
Northampton,  Schuylkill,  Montgomery,  Adams,  Franklin,  etc., 
in  nearly  every  instance  gave  heavy  majorities  in  favor  o£  the 
traffic  in  their  favorite  beverage,  "  Lager  Bier."  It  appears 
also  that  the  friends  of  temperance  did  not  regard  this  contest 
on  the  question  of  prohibition  as  a  test  of  their  strength,  as 
they  gave  notice  beforehand  that  they  did  not  approve  of  the 
issue  forced  upon  them  by  the  Legislature.  They  also  passed 
resolutions  declaring  that  unless  the  Liquor  party  polled  more 
than  one  half  of  the  votes  of  the  State,  as  they  were  all  op- 
posed to  prohibition  in  every  form,  while  the  temperance  men 
84 


THE  UNITED  STATES. 


were  not  united  on  the  issue,  they,  the  Temperance  party,  would 
not  regard  the  victory  as  having  been  won  by  the  Liquor  party. 
Now,  according  to  this  test,  the  anti-prohibitionists  were  defeated 
by  upward  of  40,000  votes. 

The  Legislature  of  1855  passed  a  -prohibitory  liquor  law 
which,  although  not  quite  satisfactory  to  the  temperance  friends, 
is  nevertheless  an  important  step  in  advance  for  Pennsylvania. 

STATE    OF    RHODE    ISLAND. 

Population  in  1850,  147,545.  Density  to  the  square  mile 
112.97.  Area  1,306  square  miles. 

In  May,  1852,  the  General  Assembly  of  this  State  passed  a 
prohibitory  law,  amended  it  in  June,  and  again  in  January,  1853. 
But  with  all  this  care  it  was  pronounced  unconstitutional  in  1853 
by  the  United  States  Supreme  Court  of  Rhode  Island,  and  con- 
sequently its  execution  was  greatly  impeded.  Notwithstanding 
this,  however,  great  good  has  been  accomplished  by  it.  The 
masses  of  respectable  citizens  are  evidently  in  its  favor.  See 
Results  of  Prohibition  in  Rhode  Island  for  more  extended  history. 

STATE    OF    SOUTH    CAROLINA. 

Population  668,507.  Density  to  square  mile  22.75.  Area 
29,385  square  miles. 

Efforts  are  being  made  in  this  State  to  promote  prohibition. 
The  South  Carolina  Standard,  published  at  Lexington,  is  doing 
good  service.  Conventions  are  held,  and  Maine  Liquor  Law 
candidates  nominated  for  political  officers,  so  that  there  is  hope 
for  ultimate  success.  Several  towns  and  corporations  have 
adopted  prohibition  with  excellent  results. 

STATE    OF    TENNESSEE. 

Population  in  1850, 1,002,717.  Density  to  square  mile  21.99. 
Area  45,600  square  miles. 

In  1851  a  select  committee  of  the  Legislature  was  appointed 
to  investigate  the  question  of  legal  prohibition,  in  compliance 
with  numerous  petitions  on  the  subject.  The  agitation  goes  on 

85 


LIQUOR  PROHIBITION  IN 


with  some  spirit,  and  there  is  hope  of  success  in  this  State. 
Rev.  W.  G.  BROWNLOW,  Judge  DELAHUNTY,  and  Gen.  W.  T. 
HASKELL  are  active  in  promoting  the  cause. 

•  STATE    OF    TEXAS. 

Population  in  1850,  212,592.  Density  to  the  square  mile  .89. 
Area  237,504  square  miles. 

At  the  election  in  August,  1854,  the  question  of  prohibiting  the 
gale  of  less  than  a  quart  of  liquor  was  submitted  to  a  direct  vote 
of  the  people.  Prohibition  was  adopted  by  an  overwhelming- 
majority.  Nearly  every  county  had  a  preponderance  of  votes  in 
its  favor.  The  passage  of  a  more  stringent  prohibitory  law  by 
the  Legislature  of  Texas  is  looked  upon  as  certain  within  the 
year  1855. 

TERRITORY    OF   UTAH. 

Population  in  1850,  11,380.  Density  to  square  mile  .04. 
Area  269,170  square  miles. 

Although  the  Legislature  have  not  yet  enacted  a  prohibitory 
law,  there  is  a  municipal  prohibition  of  the  sale  of  liquors  in 
Salt  Lake  City. 

STATE    OF    VERMONT. 

Population  in  1850,  314,120.  Density  to  the  square  mile 
30.76.  Area  10,212  square  miles. 

In  1852  the  Legislature  of  this  State  passed  a  prohibitory  law 
in  which  was  a  clause  by  which  the  person  found  in  a  state  of 
intoxication  was  compelled  to  remain  in  prison  until  he  would 
give  information  as  to  who  served  him  with  the  liquor  which 
produced  that  effect.  This  clause  has  been  since  successfully 
adopted  in  Connecticut,  Michigan,  and  several  other  States. 

In  1853  the  people  ratified  the  act  of  their  Legislature  by  a 
direct  vote.     It  has  remained  popular  among  the  inhabitants  to 
the  present  time.     See  Results  of  Prohibition  in   Vermont  for 
further  particulars. 
86 


THE  UNITED   STATES. 


STATE    OF    VIRGINIA. 

Population  in  1850, 1,421,661.  Density  to  square  mile  23.17. 
Area  61,352  square  miles. 

The  Washingtonians  and  Rechabites  of  this  State  have  done 
good  service,  and  are  uniting  with  the  Sons  of  Temperance  in 
bringing  the  question  of  prohibition  before  the  Legislature.  By 
steady  perseverance  they  will  overcome  the  conservativism  of 
the  Old  Dominion. 

TERRITORY    OF   WASHINGTON. 

Population  in  1850  not  given  in  census.  Area  123,022  square 
miles. 

The  latest  intelligence  from  this  Territory  indicates  that  a 
prohibitory  law  is  very  popular  and  will  soon  be  enacted. 

STATE    OF    WISCONSIN. 

Population  305,391.  Density  to  square  mile  5.66,  Area 
53,924  square  miles. 

In  1854  the  people  of  this  State  voted  by  a  good  majority  in 
favor  of  prohibition.  This  year  the  Legislature,  in  compliance 
with  the  will  of  the  people,  passed  a  prohibitory  law.  The  Gov- 
ernor vetoed  it,  mentioning  the  causes  to  which  he  objected  in 
his  veto  message.  The  Legislature,  determined  not  to  be  de- 
feated by  this  course,  immediately  amended  the  act  by  taking 
out  the  objectionable  clauses.  But  the  Governor  again  vetoed 
the  bill,  and  there  is  a  growing  public  sentiment  in  the  State  in 
favor  of  vetoing  the  Governor,  which  is  likely  to  take  place  at  the 
coming  election. 

87 


SUMMARY  OF  THE 


Popular  sovereignty.— FRANK  PIERCE. 

SUMMAEY  OF  THE  UNITED  STATES  AND  TERRITORIES. 

Prohibiting  the  importation  of  foreign  liquors — Table  showing  the  position  of  each  State 
and  Territory  on  the  subject — Majorities  in  favor  of  prohibition — Certain  majority  of 
white  male  adults — Necessity  for  union  among  the  friends  of  temperance — Maine  Law 
Statistical  Society— Concluding  remarks  relative  to  the  United  States. 

•^ 

To  arrive  at  a  comprehensive  and  yet  concise  view  of  the 
extent  of  prohibitory  principles  in  the  United  States,  and  of  the 
consequent  influence  which  those  principles  may  be  reasonably 
expected  to  exert  on  a  general  election  when  the  question  of 
prohibition  shall  become  the  issue  at  such  an  election,  the  accom- 
panying table  has  been  prepared,  showing  the  position  of  each 
State  and  Territory  on  the  subject,  and  the  population,  extent, 
and  number  of  white  adult  male  inhabitants  of  each.  The  totals 
are  highly  encouraging  to  the  friends  of  temperance.  When  the 
question  of  prohibiting  the  importation  of  foreign  liquors  shall  be 
agitated — as  it  assuredly  will — a  table  of  this  character  will  be 
regarded  with  additional  interest.  This  practice  is  the  great 
difficulty  now  in  the  way  of  the  complete  triumph  of  the  tem- 
perance movement  in  this  country.  That  the  prohibitory  States, 
those  which  have  experienced  the  benefits  of  the  Maine  Law, 
will  soon  be  convinced  of  the  necessity  for  prohibiting  this  im- 
portation, there  can  be  little  doubt.  The  relative  strength  of 
these  States,  therefore,  as  compared  with  that  of  the  States 
where  prohibition  has  not  yet  obtained  the  popular  vote,  is  an 
important  subject  of  inquiry.  That  Congress  has  the  power  to 
prohibit  the  importation  of  liquors  can  scarcely  be  doubted.  The 
embargo  act  of  1808  was  regarded  by  the  British  as  in  accord- 
ance with  the  laws  of  nations,  the  rule  of  reciprocal  intercourse 
being  that  the  prosperity  and  happiness  of  the  foreign  govern- 
88 


AP    SSTATES    IN    18§§ 


majority  of  the  people  have  expressed 


The  WHITE  portion  repre 


here  the  law  has  not  yet  received  the  sig- 


The  DARK  portion  repres 
their  sentiments  on  tl 


TK3TX3    HHT 


i  X  3 

wens  need  «arf  iral  x^J-'didoiq  t 
Jotf»r*rf  : 


-    •  ' 


9i 


UNITED  STATES   AND  TERRITORIES. 


ments  with  which  intercourse  is  sought  shall  ever  be  regarded. 
The  law  against  the  importation  of  obscene  books  is  a  good 
precedent.  The  eighth  article  of  the  Constitution  gives  Con- 
gress the  power  to  regulate  commerce  with  foreign  nations  and 
with  the  Indian  tribes.  Now  with  regard  to  the  latter,  a  pro- 
hibitory law  has  been  in  operation  since  1802,  and  in  the  time 
of  General  JACKSON  this  law  was  amended  so  as  to  make  it  more 
stringent  than  any  law  proposed  by  NEAL  Dow  or  any  of  the 
modern  prohibitionists.  The  very  features  which  have  been 
most  frequently  regarded  as  unconstitutional  in  the  prohibitory 
laws — the  search  and  seizure  clauses — are  unusually  severe  in 
this  law  of  1822.  If,  then,  Congress  can  exercise  its  authority 
on  the  Western  frontiers,  why  not  in  the  Eastern  harbors  ?  If 
the  Indians  be  subjects  of  this  regard  and  protection,  why  not 
the  poor  neglected  wife  and  children  of  the  drunkard,  our  neigh- 
bors, our  sisters,  our  kindred,  the  hope  of  our  country — young 
America  ?  It  is  true  some  new  treaties  may  have  to  be  made 
with  foreign  governments,  but  with  the  force  of  public  opinion 
unmistakably  expressed  at  the  ballot-box,  the  presidency  of  the 
country  and  of  the  Senate  may  be  placed  in  charge  of  sound 
temperance  men  ;  and  while  the  interests  of  freedom  need  not 
be  neglected,  this  great  question  of  prohibiting  the  importation 
of  foreign  liquor  must  become  a  leading  feature  of  future  elec- 
tions. Indeed,  until  the  liquor  traffic  is  abolished,  the  sacred- 
ness  of  the  ballot-box  will  continue  to  be  invaded,  and  the  per- 
manent establishment  of  real  freedom  must  be  consequently  de- 
ferred. Its  entire  abolition  would  strike  at  the  root  of  the 
present  political  corruption,  and  leave  the  people  free  to  work 
out  their  own  political  and  moral  regeneration. 

In  the  following  table  the  population  of  each  State  which  has 
expressed  itself  either  by  popular  vote  or  by  one  or  more  branches 
of  its  Legislature  in  favor  of  prohibition  is  placed  altogether  in 
one  column,  because  the  mere  veto  of  a  Governor  or  the  refusal 
of  the  Senate  to  concur  in  a  vote  of  the  House,  can  not  destroy 
the  fact,  that  a  majority  are  for  the  law  as  indicated  by  the  popular 
branch  of  the  Legislature,  or  by  vote  of  the  people. 

89 


SUMMARY  OF  THE 


STATES. 

Periods  of  Enactment. 

When  voted  upon  by 
the  People. 

When 

first 
enacted. 

When  pro- 
nounced 
unconstitu 
tional  by 
Sup.  Court. 

When 
amended 
or 
substitut- 
ed. 

Approved 

Eejected. 

Alabama  (Slave 

1854 
1847 

1855 
1853 
1855 

1846 

1852 
1853 

1855 
1855 

1854 
1855 
1852 

1854 
1852 

— 

1855 
1855 

1855 
1855 

1853 

Tobevot'd 
1853 

1847 

1855 
'51  '53  '55 
1853 

on  in  1855. 

Arkansas  (Slave) 

California                  (Free) 

Columbia,  Dist.  of.  .  (Slave 
Connecticut  (Free) 

1848 

Delaware  (Slave) 

Florida  (Slave) 

Georgia                     (Slave) 

Illinois  ....                (Free) 

1855 

1854 

Indiana  .  .                  (Free) 

1854 

1853 
1854 

Iowa  (Free) 

Kentucky  .  .              (Slave) 

Louisiana  (Slave) 

Maryland  (Slave) 

Massachusetts  (Free) 

Missouri                     (Slave) 

New  Hampshire  (Free) 
New  Jersey     .           (Free) 

New  York                  (Free) 

North  Carolina  (Slave) 
Ohio   .              (Free) 

— 

Pennsylvania             (Free) 

Hhode  Island  (Free) 

1853 

1854 
1853 

1854 

South  Carolina  (Slave) 
Tennessee  ..   (Slave) 

Texas  (Slave) 

Totals  

TERKITOBIES. 

1802 

1852 
1856 

1852 

1853 

'15,  '22 

— 

— 

Kanzas 

1853 

— 

Nebraska  

New  Mexico  .  . 

— 

Oregon  

Utah  

Washington  . 

Totals  

90 

UNITED  STATES  AND  TERRITORIES. 


Population  in  1S50. 

Area  in  square  miles. 

White  Adult  Males  in  1852. 

Expressed  by 
Legislature 
or  Majority  in 
favor  of 
Prohibition. 

Not  yet 
declared  on 
the  question, 
or 
disapproving. 

Where 
Prohibition 
is  approved 
by 
Majority. 

Where  Prohi- 
bition is  disap- 
proved or  has 
not  yet  been 
voted  on. 

Where 
Prohibition 
has  been 
approved. 

Where  Prohi- 
bition has 
been  either 
rejected  or 
not  voted  on. 

___ 

771,623 



50,722 



93,808 



209,897 



52,198 

— 

41,371 

92,597 

— 

155,980 

— 

110,525 

— 

51,687 

— 

60 

— 

— 

— 

370,792 

— 

4,674 

— 

102,936 

— 

91,532 

— 

2,120 

— 

17,087 

— 

___ 

87,445 



59,268 

— 

13,251 

__ 

906,185 



58,000 



112,110 



851,470 



55,405 



220,619 

988,416 

— 

33,809 

— 

225,255 

— 

192,214 

— 

50,914 

— 

68,940 

— 



982,405 



37,680 

— 

176,974 



517,762 



41,255 

— 

86,590 

583,169 

— 

31,766 

— 

149,162 



583,034 

— 

11,124 

— 

109,355 



994,514 

— 

7,800 

— 

283,910 

— 

397,654 

— 

56,243 

— 

112,511 

— 

—  , 

606,336 



47,156 

— 

72,908 

— 

682,044 



67,380 

— 

157,672 

317,976 

— 

9,280 

— 

86,160 

— 

489,555 

— 

8,320 

— 

119,557 



3,097,394 

— 

47,000 

— 

839,398 

: 



869,039 



'  50,704 



117,787 

1,980,329 

.  — 

39,964 

— 

471,842 

— 

2,311,786 

— 

46,000 

— 

571,778 

— 

147,545 

•    — 

1,306 

— 

41,735 

— 

— 

668,507 

29,385 

— 

43,622 

— 

1,002,717 



45,600 

— 

155,895 

212,592 

— 

237,504 



41,933 



314,120 

— 

10,212 



83,289 



— 

1,421,661 

61,352 



206,758 

305,391 

— 

63,924 

— 

•    206,198 

— 

13,522,297 

9,577,281 

808,000 

656,105 

3,641,571 

1,499,365 

_ 

_ 

71,127 

— 

— 



114,798 

, 



6,077 

— 

166,025 

— 

— 

— 

— 

— 

335,882 

— 

— 



— 

61,547 



207,007 

__ 

__ 

13,294 

— 

185,030 





. 

— 

11,380 

— 

269,170 

— 



— 

— 

— 

123,022 

— 

•*• 

19,371 

72,927 

758,064 

713,997 

— 

— 

91 


SUMMARY,  ETC. 


It  will  be  seen  by  the  accompanying  table  that  a  prohibitory 
law  has  been  enacted  in  fifteen  States  and  four  Territories  ;  but  as 
Illinois  lost  its  law  by  political  influences,  the  numbers  stand  thus  : 

States  where  a  prohibitory  law  is  in  operation 14 

Territories               "                "                " 4 

States  and  district  where  majorities  are  in  favor  of  the  law,  but 

where  it  has  not  been  fully  enacted 5 

Total  prohibitory  States  and  Territories 23 

13  States  and  4  Territories  not  yet  known  to  be  in  favor  of  pro- 
hibition      17 

Majority  of  States  and  Territories  in  favor  of  prohibition 6 

Population.  Adult  males.        Area  In  sq.  m. 

Prohibition  States 13,522,297  ..  3,641,571  ..  808,000 

States  not  declared  on  the  subject.     9,577,281  ..  1,499,365  ..  656,105 


Excess  in  favor  of  prohibition 3,945,016  ..  2,142,206  ..  151,895 

Thus  there  is  not  only  a  majority  of  3,945,016  population  in 
the  prohibition  States,  but  there  is  such  an  excess  of  adult  white 
males — voters — in  those  States,  that  if  we  take  only  an  actual 
majority  of  them,  and  every  adult  white  male  citizen  in  the  other 
States  were  to  vote  in  opposition  to  them  (and  it  is  well  known 
that  there  is  a  large  minority  in  those  States  that  would  not), 
there  are  prohibitionists  enough  to  outvote  them  by  a  large  ma- 
jority. 

Majority  of  white  male  adults  in  prohibition  States 1,820,786 

White  male  adults  in  all  other  States 1 ,499,365 

Certain  majority  for  prohibition 321,421 

Thus  giving  to  the  anti-prohibitionists  the  largest  possible 
minority  in  the  prohibition  States,  and  the  whole  white  male  adult 
population  of  the  other  States,  and  it  still  leaves  a  certain  ma- 
jority for  prohibition  of  321,421. 

It  is  true  the  clause  of  the  Constitution  which  gives  to  the 
slave  States  an  advantage  in  the  apportionment  of  the  repre- 
sentation will  seriously  limit  the  power  of  the  prohibitory  States 
in  a  congressional  election  ;  but  no  Congress  can  long  withstand 
the  well-directed  public  opinion  of  such  a  large  majority  of  citizens. 
92 


FOREIGN  STATES  AND  NATIONS. 


The  friends  of  temperance  may  well  take  a  bold  stand.  There 
is  no  worthy  object  in  national  legislation  which  they  can  not 
achieve  if  they  be  but  united.  It  is  with  a  view  of  aiding  to  bring 
about  such  a  union  of  purpose  that  the  MAINE  LAW  STATISTICAL 
SOCIETY  has  been  formed.  It  consists  of  a  president,  a  vice- 
president  in  almost  every  State  in  the  Union,  and  a  secretary  at 
New  York,  whose  duty  it  is  to  receive  information  from  all  parts 
on  the  subject,  and  to  record  and  digest  the  same,  so  as  to  pre- 
sent it  in  the  most  accessible  manner  before  the  public.  The 
aid  and  co-operation  of  all  temperance  people  throughout  the 
world  is  earnestly  solicited. 

There  is  much  that  could  be  added  to  the  history  of  prohi- 
bition in  the  United  States  which  would  be  of  lasting  interest. 
There  is  much  of  assiduous  labor  and  self-denying  effort  through- 
out the  country  which^ichly  deserve  a  record,  but  the  limits  of 
our  present  work  forbid  our  entering  upon  this  extensive  field, 
and  our  active  friends  must  be  content  with  seeing  the  results 
of  their  labors  presented  here,  rather  than  the  efforts  by  which 
those  results  have  been  achieved,  or  the  names  even  of  those  by 
whom  this  great  work  has  been  accomplished.  In  fact,  it  is  a 
work  the  people  have  mainly  done  for  themselves 


With  rapture  I  hail  the  formation  of  the  '<  United  Kingdom  Alliance  for  the  Suppression  of  the  Traffic  in 
all  Intoxicating  Liquors."  My  labors,  with  the  Divine  aid,  were  attended  with  partial  success.  The 
efforts  of  individuals,  however  zealous,  were  not  equal  to  the  mighty  task.  The  Alliance  strikes  at.  the 
very  root  of  the  evil.  I  trust  in  God  the  associated  efforts  of  so  many  good  and  benevolent  men  will  effec- 
tually crush  a  monster  gorged  with  human  gore.— FATHER  MATHEW. 

FOREIGN    STATES    AND    NATIONS. 

The  prohibitory  movement  in  Australia,  Canada,  France,  Great  Britain,  New  Brunswick, 
Nova  Scotia,  Prince  Edward's  Island,  Sandwich  Islands,  Sweden,  and  Finland. 

THE   success  of  the  Maine  Liquor  Law  in  Maine  naturally 
gave  rise  to  a  movement  of  a  similar  character  in  the  British 

93 


FOREIGN  STATES  AND  NATIONS. 


Provinces,  and  in  other  portions  of  North  America,  where  it  is 
evident  a  spirit  of  happy  rivalry  exists  between  the  inhabitants 
and  those  of  the  neighboring  States,  sympathizing  as  they  do  on 
almost  every  subject  of  human  liberty,  morality,  and  commerce. 
The  movement  has  also  extended  itself  to  remote  quarters  of 
the  globe.  We  give  an  outline  of  the  movement  in  those  places 
from  which  information  has  been  received. 

AUSTRALIA. 

A  Prohibitory  Liquor  Law  League  has  been  established  in 
Victoria  with  very  promising  results.  It  was  suggested  by  an 
editor,  and  was  taken  up  by  Mr.  FULTON,  who  headed  a  list  with 
j£100  subscription,  on  condition  that  four  others  would  subscribe 
the  same  amount.  The  challenge  was  soon  taken  up,  and  the 
list  has  become  a  long  one. 

CANADA. 

The  determination  of  the  people  of  Canada  to  have  a  prohib- 
itory law  has  been  repeatedly  and  unmistakably  expressed.  The 
Legislature  for  the  past  two  or  three  sessions  was  completely 
inundated  with  petitions  praying  that  such  law  be  enacted.  So 
great  has  been  the  pressure  from  without,  that  further  opposition 
became  perilous  to  every  member  of  that  body  who  desired  to 
maintain  his  position. 

In  1853  the  bill  was  only  defeated  by  the  utmost  exertions  of 
a  portion  of  the  ministry,  while  it  was  not  only  supported  but  in- 
-troduced  by  another  member  of  the  government,  who  was  pledged 
to  his  constituents  to  take  that  course.  When  the  session  of 
1854—55  opened,  a  dozen  members  gave  notice  of  bills  on  the 
subject,  and  a  large  committee  on  temperance  was  formed,  to 
which  to  refer  the  petitions  and  the  bills.  Before  the  committee 
had  reported,  however,  the  second  reading  of  one  of  the  bills — 
most  stringent  in  its  provisions — was  moved.  The  government 
hesitated  to  adopt  a  decisive  policy  on  the  subject.  It  resolved 
not  to  oppose  the  measure,  but  to  allow  it  to  be  read  a  second 
time,  that  it  might  be  sent  to  the  committee  on  temperance.  One 
94 


FOREIGN  STATES  AND  NATIONS. 


member  of  the  government,  Mr.  Postmaster-general  SPENCE,  de- 
clared in  favor  of  adding  a  clause  to  prohibit  the  importation. 
This  view  was  indorsed  by  several  other  members  who  spoke 
on  the  subject,  and  the  probabilities  are,  that  no  measure  will 
finally  pass  which  does  not  prohibit  the  importation  as  well  as 
the  sale  and  manufacture  of  intoxicating  liquors. 

The  first  vote  taken  on  the  question  of  prohibition  in  1854  in 
the  Legislative  Assembly  was  in  favor  of  the  principle  of  pro- 
hibition, 95  to  5  against  it.  But  notwithstanding  this  vote,  by 
some  adroit  management  on  the  part  of  the  opponents  of  the 
measure,  the  passage  has  been  again  postponed. 

There  is  a  powerful  Prohibitory  League  in  operation  in  Can- 
ada, of  which  Mr.  A.  FAREWELL  is  president.  This  gentleman, 
accompanied  by  Mr.  URE,  the  secretary  of  the  League,  visited  the 
Maine  Law  States  in  February,  1855,  and  published  an  excellent 
pamphlet,  entitled,  The  Maine  Law  Illustrated,  from  which  we 
have  obtained  some  valuable  facts  and  testimonials.  From  the 
energy  of  these  and  other  leaders  of  the  movement  in  Canada, 
the  ultimate  triumph  of  prohibition  in  its  most  complete  form  of 
anti-importation  is  rendered  a  moral  certainty. 

4 

FRANCE. 

The  present  crisis  in  Europe,  causing  provisions  to  become 
dear,  is  not  without  its  beneficial  effect.  It  has  led  the  Emperor 
of  France  to  prohibit  the  distillation  of  grain. 

With  republics  or  limited  monarchies,  such  a  movement 
necessarily  rests  with  the  people  ;  but  a  good  example,  even 
when  set  by  an  emperor,  ought  to  be  followed  by  nations,  how- 
ever free  their  institutions ;  and  for  France  to  take  the  lead  in 
Europe  in  such  a  movement  and  at  such  a  time  is  highly  im- 
portant as  an  example  to  the  suffering  nations  of  .the  world. 

GREAT    BRITAIN. 

In  1834  a  parliamentary  committee  reported  on  the  Causes 
of  and  Remedies  for  Intemperance.  It  was  recommended  in 
that  report  under  the  head  of  Ultimate  or  Prospective  Remedies  : 

95 


FOREIGN  STATES  AND  NATIONS. 


1 .  To  absolutely  prohibit  the  importation  of  distilled  spirits.  2.  To 
prohibit  all  distillation  of  ardent  spirits  from  grain.  3.  To  re- 
strict distillation  from  other  substances  to  the  purposes  of  art, 
manufacture,  and  medicine.  The  chairman  of  that  committee, 
JAMES  SILK  BUCKINGHAM,  now  says  : 

Here,  then,  is  the  sum  and  substance  of  the  Maine  Law,  and  something 
more,  presented  by  me  to  Parliament  twenty  years  ago.  But  let  us  have 
the  Maine  Law  first,  and  its  successful  operation  will  pave  the  way  for  the 
something  more  which  another  twenty  years  perhaps  may  realize. 

The  United  Kingdom  Alliance  for  the  Suppression  of  the 
Traffic  in  Intoxicating  Liquors  was  established  in  1853,  at  the 
suggestion  and  by  the  exertions  of  NATHANIEL  CARD,  of  Man- 
chester. It  has  grown  to  great  influence  and  importance. 
Among  its  leaders  are  now  men  of  large  benevolence  and  great 
philanthropic  influence.  Its  operations  are  extending  throughout 
the  whole  United  Kingdom,  and  now  that  the  press  is  free  in 
that  country,  there  is  every  prospect  of  the  rapid  growth  of  pro- 
hibitory principles. 

NEW    BRUNSWICK. 

In  1852  the  Legislative  Assembly  passed  "  An  Act  to  Prevent 
the  Traffic  in  Intoxicating  Liquors,"  which  was  confirmed  by  an 
order  of  her  British  Majesty  in  Council,  dated  August  18th, 
1852,  thus  giving  the  sanction  of  the  British  government  to 
the  principles  of  legal  prohibition. 

The  import  trade  in  liquors  has  in  a  great  measure  prevented 
the  law  from  producing  its  legitimate  results.  The  Legislature 
of  1855  wisely  passed  a  new  and  more  stringent  law,  and  pro- 
hibiting the  importation  of  intoxicating  liquors.  The  last  vote 
took  place  on  the  22d  of  February  in  the  House  of  Assembly. 
It  stood,  yeas  21,  nays  17.  It  passed  the  other  House  without 
debate.  The  law  goes  into  operation  January  1st,  1856.  This 
is  a  noble  example,  and  that  it  will  be  followed  by  the  other 
provinces  and  by  the  United  States  there  can  be  no  question. 
New  Brunswick  deserves  great  credit  in  taking  the  lead  in  this 
step. 
96 


FOREIGN  STATES  AND  NATIONS. 


NOVA    SCOTIA. 

The  Legislature  passed  a  good  prohibitory  law  in  the  early 
part  of  1855. 

PRINCE  EDWARD'S  ISLAND. 

In  1854  the  Legislature  was  appealed  to  by  10,000  petition- 
ers to  adopt  a  prohibitory  law,  but  they  turned  a  deaf  ear  to  the 
voice  of  the  people.  In  1855,  however,  after  an  election  had 
taken  place,  the  law  passed  by  a  vote  of  15  to  7.  .Mr.  COLES, 
the  leader  of  the  government  party,  has  been  twice  defeated 
by  the  prohibitionists.  He  is  a  distiller. 

SANDWICH    ISLANDS. 

There  is  a  decided  movement  for  prohibition  on  these  islands. 
The  foUpwing,  from  the  New  York  Tribune,  will  show  what  is 
the  feeling  here  on  the  subject. 

Viewing  as  we  do,  says  The  Polynesian,  the  whole  traffic  in  spirituous 
liquors  to  be  used  as  a  beverage  as  an  unmitigated  evil,  productive  only  of 
misery  and  crime,  we  shall  be  glad  when  our  treaty  obligations  allow  us  to 
enact  the  "Prohibitory  Law"  in  this  kingdom;  we  hope  the  public  will 
never  rest  satisfied  until  we  follow,  in  this  respect,  the  noble  example  of 
those  States  that  have  exhibited  self-denial  and  self-control  enough  to  banish 
from  their  midst  an  enemy  which  tyrannizes  over  its  miserable  victims, 
against  the  dictates  of  reason,  and  subjects  them  to  a  degradation  below 
which  it  is  impossible  for  humanity  to  sink. 

SWEDEN   AND    FINLAND. 

A  long-continued  drouth  in  the  spring  of  1853  produced  a 
famine  which  had  the  effect  of  turning  the  attention  of  govern- 
ment to  the  evil  of  converting  grain  into  brandy  when  it  was  so 
scarce  as  an  article  of  food.  The  king  shortened  the  period  of 
distillation  for  that  year  from  six  to  two  months,  and  ordered  the 
distribution  of  100,000  copies  of  the  Treatise  of  Dr.  Huss  on 
Brandy,  an  excellent  work,  showing  the  evil  consequences  of 
that  article  on  the  community.  He  also  dispatched  a  message 
to  Maine  to  inquire  into  the  operations  of  the  Prohibitory  Law. 
The  subject  of  prohibition  was  under  the  consideration  of  the  Diet, 

5  97 


FOREIGN  STATES  AND  NATIONS. 


We  have  thus  presented  in  brief  a  view  of  the  prohibitory 
movement.  The  questions  naturally  arise  :  Is  the  law  efficiently 
enforced  ?  What  are  the  effects  of  the  law  where  it  has  been  in 
operation  ?  Is  drunkenness  diminished  ?  Are  there  fewer  ten- 
ants for  prisons  and  alms-houses  ?  Do  the  people  suffer  less 
under  the  pressure  of  commercial  reverses  ?  Is  the  public  health 
improved  ?.  Is  the  Sabbath  better  observed,  and  the  public  peace 
more  secure  ?  Are  there  not  fewer  cases  of  extreme  distress 
and  suffering  in  families  ?  And  are  the  people,  on  the  whole,  in 
a  more  happy  and  flourishing  condition  under  the  enforcement  of 
the  law  than  before  ?  What  is  the  feeling  of  the  people  on  the 
subject?  To  these  questions  a  reply  would  have  but  little  weight 
unless  supported  by  testimony  from  among  the  people  them- 
selves. In  view  of  the  compilation  of  this  work,  we  addressed  a 
circular  to  a  number  of  clergymen,  governors,  magistrates,  etc., 
residing  iritthe  States  of  Connecticut,  Maine,  Massachusetts, 
Michigan,  Rhode  Island,  and  Vermont,  in  which  similar  ques- 
tions to  the  above  were  put,  and  we  received  in  reply  a  mass  of 
testimony,  such  as  could  not  fail  to  convince  us  that  wherever 
the  law  is  enforced  there  is  it  productive  of  all  the  blessings  of 
temperance,  peace,  and  prosperity.  These  we  have  presented 
as  the  Results  of  Prohibition^  to  which  we  refer  for  further 
history. 

All  we  ask  is  a  candid  and  careful  perusal  with  the  under- 
standing that  the  circulars  were  sent  to  persons  of  various  de- 
nominations and  views  of  the  temperance  question,  and  without 
any  regard  to  what  opinions  they  might  hold  on  this  question. 
If  the  law  has  done  injury  to  the  people,  we  can  only  say  we 
have  had  no  report  to  that  effect  from  any  one  who  dares  to  in- 
dorse it  with  his  own  signature,  while  the  opportunity  to  make 
such  report  has  been  amply  afforded.  We  commend  these  state- 
ments to  the  serious  consideration  of  the  people  and  legislatures 
of  those  States  and  nations  where  the  blessings  of  prohibition 
are  not  yet  enjoyed. 
98 


art  Cjjirb. 


RESULTS  OF  PROHIBITION. 


CONTENTS. 


Page 
RESULTS  OF  PROHIBITION   IN   CONNECTICUT 99 

"  "  «  MAINE 151 

"  "  "  MASSACHUSETTS 221 

MICHIGAN 257 

"  "  "  RHODE    ISLAND 271 

"  "  "  VERMONT..  ,.  281 


K  E  S  U  L  T  S 

OF 

PROHIBITION  IN  CONNECTICUT. 


'  I  hazard  nothing  by  asserting,  that  no  candid  enemy  of  the  law  will  deny,  that  It  has  proved  more 
efficient  than  its  most  sanguine  friends  anticipated.  It  has  completely  swept  the  pernicious  traffic,  as  a 
business,  from  the  State.  An  open  groggery  can  not  be  found.  I  have  not  seen  a  person  here  in  a  state 
of  intoxication  since  the  first  of  August.  In  our  cities  and  manufacturing  villages,  streets  that  were  con- 
stantly disturbed  by  drunken  brawls,  are  now  as  quiet  as  any  other.  The  change  is  BO  palpable,  that  many 
•who  have  been  strongly  opposed  to  such  a  law,  have  become  forced  to  acknowledge  the  efficiency  of  this.— 

GOYKBNOB  DUTTON,  Oct,  30,  1854. 

STATEMENTS    RELATING    TO    THE    STATE. 

Unparalleled  and  unexpected  advantages  of  the  Connecticut  Liquor  Law — Population — 
The  Prohibitory  Law  the  result  of  the  people's  choice. 

STATEMENTS  OF  THE  GOVEENOB  : — The  constitutionality  of  the  Maine  Liquor  Law — Stringent 
law  the  most  effective— The  United  States  Constitution  in  relation  to  seizures— The  Con- 
stitution of  Connecticut  in  relation  to  seizures— Forfeiture  of  property  an  ancient  and 
customary  penalty — A  man's  house  his  castle — Presumptive  evidence — Process  without 
notice — Public  sentiment. 

Passage  of  the  Prohibitory  Liquor  Law. 

TESTIMONY  OF  THE  GOVEENOE: — The  best  prohibitory  law — Period  of  enforcement — Tho 
traffic  suspended — No  drunkards  in  the  streets — Crime — Families  supplied  with  comforts 
— Public  peace  and  security — Domestic  security — Opposition  to  the  law — Direct  action  of 
the  Connecticut  Liquor  Law— Legal  suasion  and  moral  suasion— The  ladies  unanimous— 
The  people  of  New  England— The  cowardice  of  wrong— The  consummation— No  drunk- 
en brawls— The  State  Fair— Prisons  becoming  tenantless— Sanctity  of  domestic  life. 

STATEMENT  OF  HON.  HOBACE  GEEELEY  .-—Maine  Liquor  Law  Triumph. 

STATEMENTS  OF  EEV.  J.  W.  TURNER  :— Tricks  of  the  ex-rumsellers— Two  to  one— Maine 
Liquor-Law  hospitality— Fined  for  obtaining  liquor  under  false  pretenses. 

STATEMENTS  OF  The  New  York  Tribune  .-—Scarcity  of  convict  labor— The  most  moral  and 
happy  State  in  the  Union. 

STATEMENT  OF  The  Maine  Law  Advocate : — Gone  to  work. 

STATEMENTS  OF  The  Norwich  Examiner  .-—All  parts  of  the  State— Arrests  and  seizures— 
Effects  of  the  Maine  Liquor  Law  on  the  domestic  and  religious  habits  of  the  people. 

STATEMENT  OF  The  Prohibitionist : — The  wisdom,  efficiency,  and  power  of  the  Connecti- 
cut Liquor  Law. 

STATEMENT  OF  The  New  ffaven  Advocate :— All  parts  of  the  State. 

1.  THE    experience   in   prohibitory   legislation    acquired    in 
Maine,  Vermont,  Massachusetts,  Rhode  Island,  and  Michigan 

99 


CHAP.  I]  RESULTS  OF  PROHIBITION  [Sic.  2-6. 

seems  to  have  been  profitably  applied  to  the  formation  of  a  law 
in  Connecticut  so  completely  practical  and  efficient  in  all  its 
details  as  to  rival  all  other  prohibitory  laws  in  the  success  of  its 
operation  and  the  value  of  its  consequences.  The  statements 
we  have  received  from  all  parts  of  the  State  are  unanimous  in 
according  to  the  Connecticut  Liquor  Law  unparalleled  and  unex- 
pected advantages,  and  the  force  of  public  opinion  in  its  favor 
has  been  wonderfully  increased  since  these  results  have  been 
witnessed. 

2.  The  following  statements  apply  to  the  State  generally,  and 
contain  much  valuable  and  suggestive  information, 

3.  Population  370,792. 

4.  The  Prohibitory  Law  in  Connecticut  is  the  result  of  the 
people  selecting  for  their  legislative  and  executive  officers  men 
who  are  devoted  to  the  cause  of  temperance.      The  following 
statements  of  his  Excellency  Governor   BUTTON,  made  in  his 
annual  message  to  the  Legislature  in  May,  1854,  show  that  the 
Prohibitory  Law  was   no   arbitrary  enactment  forced  upon   the 
inhabitants  of  this  State,  but  was  a  law  made  in  obedience  to  the 
will  of   the  people  for  their  own  protection  from  their  worst 
enemy. 

STATEMENTS  OF  THE  GOVERNOR. 

6.  THE  CONSTITUTIONALITY  OF  THE  MAINE  LIQUOR  LAW. — The  ques- 
tion whether  a  law  prohibiting  the  sale  of  intoxicating  liquors  can  consti- 
tutionally be  passed,  and  whether,  if  it  can,  it  is  the  best  remedy  for  the 
acknowledged  evils  which  result  from  the  sale  of  such  liquors,  is  engaging  the 
attention,  not  only  of  philanthropists,  but  of  all  classes  of  citizens  in  this 
State  and  elsewhere.  In  some  of  the  States  the  experiment  has  been  tried 
as  to  the  practical  effect  of  such  a  law ;  and  although  contradictory  state- 
ments hare  been  made  by  those  who  profess  to  speak  ft om  personal  knowl- 
edge, the  weight  of  testimony  is  strongly  in  favor  of  its  success.  The 
constitutionality  of  such  a  law  has  been  questioned  by  men  of  high  legal 
and  political  standing.  But  after  a  thorough  examination  of  the  question, 
I  do  not  entertain  the  slightest  doubt  that  such  a  law  is  not  unconstitutional 
— that  it  does  not  conflict  with  any  provision  either  in  the  Constitution  of 
the  United  States  or  of  this  State,  and  that  it  does  not  interfere  in  the 
least  with  any  natural  rights  which  may  be  supposed  to  exist  prior  to,  and 
superior  to,  any  constitution  or  law. 

6.  STRINGENT  LAW  THE  MOST  EFFECTIVE. — Experience  has  abundantly 
100 


CHAP.  I.]  IN  CONNECTICUT.  [Sec.  7,  8. 


proved  that  if  there  is  any  law  on  the,  subject  #  shpi^Ld  oe  sfringe'ol  and 
effectual.  Any  attempt  to  legalize  the  sale  of  'spirituous  liquors,  and  tnen 
regulate  and  control  it  by  fines,  penalties,  or  other  punishments  for  a  viola- 
tion of  the  rules  prescribed,  only  aggravates  the  evil  which  it  is  designed 
to  cure. 

7.  THE  UNITED  STATES  CONSTITUTION  IN  RELATION  TO  SEIZURES. — 
Any  law,  to  be  effectual,  must  necessarily  confer  upon  the  proper  authori- 
ties the  power  to  seize,  condemn,  and  destroy  the  offending  articles.     It 
must  authorize,  under  reasonable  rules  and  restrictions,  a  search  for  it  in 
stores  and  dwelling-houses,  where  there  is  actual  or  presumptive  evidence 
to  show  that  the  law  has  been  violated ;  it  must  authorize  the  use  of  pre- 
sumptive evidence  when  positive  proof  can  not  be  obtained,  or  however 
penal  it  may  be  in  other  respects,  it  will  soon  become  a  dead  letter.     The 
first  inqury  is,  therefore,  whether  such  a  law  is  or  is  not  unconstitutional, 
The  clauses  in  the  Constitution  of  the  United  States  which  have  been  urged 
as  annulling  such  a  law  are  these  :  "  The  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers,  and  effects  against  unreasonable  searches  and 
seizures,  shall  not  be  violated ;  and  no  warrants  shall  be  issued  but  upon  prob- 
able cause,  supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched,  and  the  persons  or  things  to  be  seized ;"  no  person 
"  shall  be  compelled,  in  any  criminal  case,  to  be  a  witness  against  himself, 
nor  be  deprived  of  life,  liberty,  or  property  without  due  process  of  law ;  nor 
shall  private  property  be  taken  for  public  use  without  just  compensation." 
These  provisions  have  been  decided  to  be  applicable  only  to  laws  of  Con- 
gress, and  are  of  importance  on  this  question  only  on  account  of  the  light 
which  they  may  throw  on  similar  provisions  in  the  Constitution  of  this 
State. 

8.  THE  CONSTITUTION  OF  CONNECTICUT  IN  RELATION  TO  SEIZURES. — 
The  provisions  in  the  Constitution  of  this  State  are:  "The  people  shall  be 
secure  in  their  persons,  houses,  papers,  and  possessions  from  unreasonable 
searches  and  seizures ;  and  no  warrant  shall  issue  to  search  any  person  or 
things  without  describing  them  as  nearly  as  may  be,  nor  without  probable 
cause,  supported  by  oath  or  affirmation."     "  In  all  criminal  prosecutions  the 
accused  shall  have  a  right  to  be  heard  by  himself  or  his  counsel ;  to  demand 
the  nature  and  cause  of  the  accusation ;  he  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  be  deprived  of  life,  liberty,  or  property,  but 
by  due  course  of  law."    "  The  property  of  no  person  shall  be  taken  for  pub- 
lic use  without  just  compensation  therefor."     These,  if  not  all,  are  the 
strongest  expressions  in  the  Constitution.     It  will  be  seen,  by  a  comparison 
of  them  with  those  taken  from  the  Constitution  of  the  United  States,  that 
they  are  more  explicit.    The  rights  of  citizens  are  in  no  State  more  effect- 
ually guarded  than  in  the  State  of  Connecticut.     Nothing,  however,  can  be 
clearer  than  that  by  these  same  provisions  it  is  assumed  that  some  searches 
and  seizures  are  lawful,  and  that  a  man  may,  for  some  causes,  be  deprived 

101 


CHAP.  L]  RESULTS  OF  PROHIBITION  [SEC.  9,  10. 


of  life,  liberty,  and  property:  both  may  be  done,  if  done  by  due  course 
of  law. '  If,  therefore,  thV  law  prescribes  particularly  where,  and  how,  on 
probable  cause,  supported  by  oath  or  affirmation,  searches  are  to  be  made, 
and  for  what  cause  and  in  what  manner  property  may  be  seized  and  the 
owner  deprived  of  it,  how  can  it  be  claimed  that  such  acts  are  unconstitu- 
tional ?  But  laying  aside  the  language  of  the  Constitution,  it  is  a  well- 
settled  principle  of  law  and  of  common  sense  that  every  rule  should  be  so  con- 
strued as  to  accomplish,  and  not  defeat,  the  object  for  which  it  was  adopted. 
A  different  construction  would  be  suicidal  and  absurd.  A  body  politic, 
which  should,  by  a  constitution,  restrict  its  own  power  in  such  a  manner  as 
to  be  unable  to  secure  the  happiness  of  its  members,  would  commit  an  act 
of  as  great  folly  as  a  man  who  should  bind  his  limbs  in  fetters  so  that  he 
could  not  defend  himself  against  an  enemy.  It  can  not  be  presumed  that 
our  ancestors  left  such  a  pernicious  legacy  to  their  posterity. 

9.  FORFEITURE  OF  PROPERTY  AN  ANCIENT  AND  CUSTOMARY  PENALTY. 
—Forfeiture  of  property  for  criminal  offenses,  and  even  for  violations  of 
statutes,  is  as  ancient  as  the  common  law  itself.     Every  penalty  imposed  by 
law  amounts  to  the  same  thing ;  for  what  difference  can  it  make  to  a  citi- 
zen whether  he  is  confined  in  jail,  by  law,  till  he  pays  one  hundred  dollars, 
or  whether  a  horse  is  taken  from  him,  by  law,  worth  one  hundred  dollars  ? 
And  what  difference  does  it  make  to  him  whether  the  horse  is  sold  and  the 
money  put  into  the  treasury,  or  whether  it  is  killed  ?    If  a  man,  by  viola- 
tion of  law,  can  forfeit  his  liberty,  and  even  his  life,  can  he  not,  for  a  similar 
reason,  forfeit  his  property  ?    Is  a  cask  of  liquor  to  be  regarded  as  more 
sacred  than  liberty  and  life  ?    The  Legislature  of  this  State  have,  time  after 
time,  provided  that  articles  used  in  violation  of  law  might  be  searched  for, 
seized,  and  destroyed,  and  no  suggestion  was  ever  made  that  these  laws 
were  unconstitutional.     The  Constitution  provides,  indeed,  that  searches  and 
seizures  shall  not  be  unreasonable.    But  how  can  an  act  be  regarded  as  un- 
reasonable which  is  nothing  more  than  what  is  necessary  to  carry  a  law 
into  execution  ?    And  what  right  has  an  individual  to  complain  of  an  act 
which  he  himself  has  rendered  necessary  by  his  own  suspicious  and  unlaw- 
ful conduct  ? 

10.  "  A  MAN'S  HOUSE  is  His  CASTLE." — It  has  been  said  by  a  high  dig- 
nitary in  a  neighboring  State  that  "  a  man's  house  is  his  castle  ;"  that  "  it 
can  not  legally  be  searched,  although  the  occupant  is  charged  with  treason 
or  murder,"  and  that  "  the  only  deviation"  from  this  principle  "  is  in  cases 
of  searches  for  stolen  property,  which  are  allowed  upon  the  ground  that 
they  are  designed  to  restore  it  to  its  lawful  owners."    I  know  of  no  such 
rule  in  any  system  of  jurisprudence.     It  is  contrary  to  the  whole  spirit 
of  the  common  law.     A  dwelling-house  is  a  castle  to  peaceable,  law-abiding 
citizens — not  a  citadel  for  enemies  of  the  State.     Such  a  doctrine  as  that 
contended  for  would  enable  a  man  to  make  his  house  an  asylum  for  felons, 
and  a  depot  for  the  tools  of  counterfeiters  and  burglars.    Any  malicious 

102 


CHAP.  1. 1  IN  CONNECTICUT.  [SEC.  11-13. 

villain  could,  by  filling  his  place  of  residence  in  a  populous  city  with  casks 
apparently  containing  powder  and  barring  his  doors  against  the  police, 
strike  terror  into  the  inhabitants,  and  drive  them  from  their  homes. 

11.  PRESUMPTIVE  EVIDENCE. — Many  persons  manifest  much  alarm  at 
the  idea  that  presumptive  evidence  is  to  be  held  sufficient  proof  of  a  breach 
of  the  law ;  but  this  is  familiar  doctrine  in  courts  of  jurisprudence.   Thousands 
have  been  convicted  of  theft  merely  on  the  evidence  resulting  from  the  pos- 
session of  stolen  property.     The  presumptive  proof  arising  from  finding  arti- 
cles belonging  to  a  victim  of  murder,  when  unaccounted  for,  has  carried 
many  criminals  to  the  gallows.     The  difficulty  of  proving  innocence  in  all 
such  cases  is  greater  than  it  would  be  when  a  person  is  charged  on  pre- 
sumptive evidence  with  selling  liquors  contrary  to  law.     Such  captious 
objections  always  have  been  made,  and  always   can  be  made,  to  any 
law  which  is  sufficiently  stringent  to  be  effectual  for  the  prevention  of 
crime.      A  resort  to  such  grounds  of  opposition  furnishes  presumptive 
proof  that  the  person  who  does  it  is  opposed  to  the  principles  of  the  law, 
and  does  not  wish  it  to  be  effectual.    Sober,  industrious,  peaceable,  patri- 
otic citizens  demand  stringent  laws.     They  have  no  fears  of  sheriffs  or 
magistrates.     Their  domicils  are  as  secure  from  intrusion,  and  their  prop- 
erty from  seizure,  under  a  prohibitory  liquor  law,  as  under  a  law  against 
swindling.      Legislatures  and  jurists  ought  to  regard  the  wishes  of  this 
class,  rather  than  of  those  who  never  look  at  a  law  except  to  see  how  to 
evade  it. 

12.  PROCESS   WITHOUT  NOTICE. — Much  discussion  has  arisen  on  the 
question,  whether  process  can  constitutionally  issue  against  property,  with- 
out notice  to  the  owner.     Doubtless,  when  the  owner  can  be  discovered,  he 
should  be  regularly  served  with  notice  ;  but  when  he  intentionally  conceals 
his  ownership,  the  well-known  maxim  applies,  that  no  man  can  take  advan- 
tage of  his  own  wrong.     It  would  be  strange,  indeed,  if  the  owner  of  a  nui- 
sance could  make  it  perpetual  by  skulking,  and  thus  avoiding  legal  process. 

13.  PUBLIC  SENTIMENT. — It  being  then  clearly  within  the  power  of  the 
Legislature  to  pass  such  a  law,  the  most  difficult  question  to  solve  is, 
whether  such  a  law  ought  to  be  made  ;  which  resolves  itself  into  the  ques- 
tion, whether  it  is  demanded  by  the  voice  of  the  people.    This  is  a  question 
which  you,  gentlemen,  are  better  qualified  to  answer  than  I  can  be,  and  I 
shall  rely  with  confidence  upon  your  responding  fully  to  the  will  of  your 
constituents,  whether  that  in  an  immediate  passage  of  a  prohibitory  law,  a 
submission  of  such  a  law  to  the  action  of  the  people,  or  a  postponement  of 
the  subject  to  some  future  occasion.     If  in  your  judgment  a  majority  of  your 
constituents  demand  such  a  law,  I  have  no  apprehensions  regarding  its  suc- 
cess.    The  signs  of  the  times  clearly  indicate  that  public  sentiment  is  rapidly 
changing  in  favor  of  it.     The  institutions  of  this  State  are  of  the  most  lib- 
eral character,  and  the  people  are  so  strongly  imbued  with  the  democratic 
principle  of  obedience  to  the  will  of  the  majority,  that  those  who  doubt  the 

103 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  14-22. 

justice  or  expediency  of  the  law  would  doubtless  resort  only  to  constitutional 
and  legal  measures  for  its  abrogation.  If  such  a  law  is  passed,  great  care 
should  be  taken  to  guard  it  in  every  possible  way  from  being  used  as  an  in- 
strument of  injustice  or  oppression. 

14.  The  passage  of  the  Prohibitory  Liquor  Law,  to  take  effect 
on  the  first  of  August  following,  was  the  response  of  the  Legis- 
lature to  this  advice  of  the  Governor,  and  the  following  statements 
made  by  Governor  BUTTON,  at  a  meeting  in  the  Tabernacle, 
New  York  city,  in  December  last,  held  in  celebration  of  the 
triumph  in  New  York  State  at  the  fall  election,  will  show  how 
far  the  expectations  of  the  friends  of  prohibition  were  fulfilled. 

TESTIMONY    OF    THE    GOVERNOR. 

15.  THE  BEST  PROHIBITORY  LAW. — As  a  witness  to  the  merits  and  util- 
ity of  a  prohibitory  law  I  am  able  to  speak.    I  think  it  is  not  too  much  to 
claim  for  the  Connecticut  law  that  it  is  the  best  prohibitory  law  ever  framed, 
because  it  was  framed  after  long  deliberation,  and  with  a  special  regard  to 
its  being  consistent  with  other  existing  laws. 

16.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  was  first  en- 
forced on  the  first  of  August,  1854,  and  its  operation  has  been  decidedly 
successful. 

17.  THE  TRAFFIC  SUSPENDED. — Not  a  grog-shop,  so  called,  is  to  be  found 
in  the  State  of  Connecticut  since  the  law  came  into  force.    No  matter  what  the 
local  balance  of  interest  in  any  town,  city,  or  spot.in  the  State,  the  law  was 
so  framed  that  it  should  operate  in  all  and  each.    I  do  not  mean  that  there 
are  not  a  few  dark  spots  where,  by  falsehood  and  secrecy,  evasion  may  be 
managed ;  but,  in  a  word,  the  traffic  is  suspended. 

18.  No  DRUNKARDS  IN  THE  STREETS. — The  effects  are  all  that  could  be 
wished.     I  have  not  seen  a  drunkard  in  the  streets  since  the  1st  of  August. 
I  had  not  been  in  New  York  ten  minutes  before  I  saw  a  man  drunk.     Such 
is  the  contrast  between  a  State  with  and  one  without  a  Maine  Law. 

19.  CRIME. — The  statistics  of  crime  have  been  materially  diminished ; 
the  crimes  which  directly  result  from  rum  have  fallen  away  fully  half. 

20.  FAMILIES  SUPPLIED  WITH  COMFORTS. — There  are  hundreds — I  have 
no  doubt  thousands  of  families — who  are  in  this  inclement  weather  well  sup- 
plied with  comforts,  who,  but  for  our  law,  would  be  destitute. 

21.  PUBLIC  PEACE  AND  SECURITY. — The  general  effect  is  a  sober,  calm, 
quiet  air  of  security  pervading  the  whole  community,  which  is  delightful  to 
behold  and  enjoy. 

22.  DOMESTIC  SECURITY. — There  is  one  idea  that  a  prohibitory  law  will 
invade  personal  and  domestic  security ;  the  father  of  lies  never  invented  a 
greater.    You  feel  more  secure  when  rowdyism  fills  the  streets  ?    Do  you 

104 


CHAP.  I.]  IN  CONNECTICUT.  [SEC.  23-32. 

suppose  that  under  the  law  your  firesides  would  not  be  secure,  and  that  they 
could  be  invaded  under  the  pretext  of  ascertaining  if  you  sold  liquor  ?  No 
such  thing. 

23.  OPPOSITION  TO  THE  LAW.— The  opposition  predicted  to  the  enforce- 
ment of  the  law  is  not  realized ;  I  have  never  known  it  opposed ;  its  enemies 
can  not  get  up  a  combination  against  it,  because  it  commends  itself  to  all 
men's  judgments,  and  is  better  liked  the  longer  it  is  known.     Another  rea- 
son is,  the  incentive  to  violence  is  taken  away  ;  riot  is  always  preceded  by 
rum.     Take  away  the  rum,  and  you  can't  have  the  riot ;  and  this  is  the 
great  advantage  of  a  prohibitory  law. 

24.  DIRECT  ACTION  OF  THE  MAINE  LIQUOR  LAW. — Its  beauty  is  its 
simplicity.     When  you  see  a  nuisance  you  at  once  remove  it ;  that  is  our 
principle ;  we  take  the  "  abominable  thing"  and  put  it  away  in  some  safe 
place.     So,  when  we  see  an  individual  unable  to  take  care  of  himself,  we 
simply  take  him  (no  matter  who  he  may  be)  and  put  him  where  he  can  not 
hurt  himself  or  others. 

25.  LEGAL  SUASION  versus  MORAL,  SUASION. — "We  have  found  by  prac- 
tice that  legal  suasion  is  better  than  moral  suasion.     The  latter  is  quite 
useless,  except  with  moral  men.      When  men  are   governed  merely  by 
appetite  or  love  of  gain,  moral  suasion  has  no  effect;  legal  suasion  saves 
breath   and  labor,  and  accomplishes  the  object  in  the  simplest  manner 
possible. 

26.  THE  LADIES  UNANIMOUS.— The  ladies  are  all  on  the  side  of  temper- 
ance, and  surely  gentlemen  will  not  be  so  ungallant  as  not  to  take  places  by 
the  side  of  the  ladies. 

27.  THE  PEOPLE  OF  NEW  ENGLAND. — The  people  are  for  temporance ; 
five  States  in  a  row  have  come  out  square  for  it. 

28.  THE  COWARDICE  OF  WRONG. — Let  no  man  be  deceived  with  the  idea 
that  blood  would  flow  in  opposition  to  the  law.     Men  are  cowards  when  in 
the  wrong. 

29.  THE  CONSUMMATION.— When  this  great  cause  prevails,  our  country 
will  be  indeed  the  most  free,  the  most  glorious,  and  the  most  happy  on  the 
face  of  the  earth. 

30.  No  DRUNKEN  BRAWLS. — In  our  cities  and  manufacturing  villages, 
streets  that  were  previously  constantly  disturbed  by  drunken  brawls,  are 
now  as  quiet  as  any  other.     The  change  is  so  palpable,  that  many  who  have 
been  strongly  opposed  to  such  a  law,  have  become  forced  to  acknowledge  the 
efficiency  of  this. 

81.  THE  STATE  FAIR. — At  the  late  State  Agricultural  Fair  it  was 
estimated  that  on  one  day  from  26  to  30,000  persons  of  every  condition 
of  life  were  assembled,  and  not  a  solitary  drunkard  was  seen,  and  not  the 
slightest  disturbance  was  made.  The  effect  was  so  manifest  that  the  law  has 
been  regarded  with  more  favor  since  than  it  was  before. 

32.  PRISONS  BECOMING  TENANTLESS.— The  statistics  of  our  courts  and 

5*  105 


CHAP.  I.]  RESULTS  OF  PROHIBITION  SEC.  33-36 

prisons  prow  that  criminal  prosecutions  are  rapidly  diminishing  in  number. 
Some  jails  are  almost  tenantless. 

33.  RESISTANCE  TO  THE  LAW  UNPOPULAR. — The  law  has  been  thor- 
oughly executed  with  much  less  difficulty  and  opposition  than  was  antici- 
pated.    In  no  instance  has  a  seizure  produced  any  general  excitement. 
Resistance  to  the  law  would  be  unpopular ;  and  it  has  been  found  in  vain 
to  attempt  to  set  it  at  defiance.    The  longer  the  beneficial  results  of  the  law 
are  seen  and  felt,  the  more  firmly  it  becomes  established. 

34.  SANCTITY  OF  DOMESTIC  LIFE". — The  ridiculous  idea  so  industriously 
circulated-,  that  the  sanctity  of  domestic  life  would  be  invaded,  has  been 
shown  to  be  a  mere  bugbear.    The  home  of  the  peaceable  citizen  was  never 
before  so  secure.    The  officers  of  the  law  have  no  occasion  to  break  into  his 
dwelling,  and  he  is  now  free  from  the  intrusion  of  the  lawless  victims  of  in- 
temperance. 

STATEMENT  OF  HON.  HORACE  GREELEY. 

35.  MAINE  LIQUOR  LAW  TRIUMPH. — Connecticut  only  passed  the  Maine 
Law  last  spring.    We  struggled  up  there  through  three  years  of  disaster, 
but  we  finally  succeeded.    There  were  many  predictions  that  it  would  not 
be  passed,  and  if  passed,  would  not  be  signed  by  the  Governor ;  and  if  signed 
by  the  Governor  and  made  a  law,  could  not  be  sustained.    But  we  knew  the 
law  would  triumph— that  it  would  not  be  broken  down.    Does  any  man  say 
so  now?    Why,  let  "Connecticut"  be  spoken,  be  but  whispered  among  a 
dozen  Anti-Maine  Law  men,  and  it  disperses  them  just  as  though  a  bomb- 
shell had  fallen  among  them 

STATEMENTS  OF  REV.  J.  W.  TURNER,  OF  PORTLAND. 

36.  TRICKS  OF  THE  EX-RUMSELLERS. — It  is  really  amusing  to  see  how 
very  sensitive  some  men  are,  especially  when  they  happen  to  be  on  the  wrong 
side  of  any  great  public  question.     I  have  been  traveling  considerably  in 
"the  land  of  steady  habits,"  and  am  perfectly  amazed  to  see  what  a  good 
work  the  former  landlords  of  rum-selling  taverns  are  doing  for  our  noble 
cause,  and  to  see  how  hard  they  toil  to  accomplish  it.    I  was  going  over  a 
familiar  road  with  my  own  conveyance  on  a  warm  summer  day,  and  would 
drive  up  to  a  public  house,  where  I  had  been  in  the  habit  of  watering  my 
horse — but  the  pump-handle  is  carelessly  left  out  ^  to  another,  the  chain- 
pump  is  nailed  fast ;  to  another,  the  large  watering-trough  is  completely 
fenced  round.     By  this  time  I  understood  the  game.     I  remembered  it  was 
the  first  of  August,  and  the  "  new  law"  was  going  into  effect  with  a  mani- 
fest demonstration.     Never  mind,  said  I,  this  will  all  help  the  law.     Thank 
God,  the  brooks  are  free !    I  just  looked  out  for  them,  and  had  plenty  of 
water  without  the  rum,  and  became  altogether  independent  of  those  public 
benefactors,  who  would  punish  the  poor  horse  because  they  can  not  longer 
tempt  and  ruin  man.     But  their  day  of  reckoning  comes,  and  unless  I  en- 

106 


CHAP.  I.]  IN  CONNECTICUT.  [SEC.  37,  38. 

tirely  miscalculate,  all  this  will  work  against  them  in  its  reaction,  and  not, 
as  they  may  fondly  dream,  in  their  favor. 

37.  Two  TO  ONE. — In  one  instance  where  a  hotel-keeper  fenced  up  his 
well,  the  good  people  of  E.  H.  went  forthwith  and  dug  two  others  in  the 
street  close  by,  which  are  much  more  convenient  than  the  former.     That  is 
the  way.     These  men  will  find  two  to  one,  all  over  the  State,  before  they  get 
through. 

38.  MAINE  LIQTTOR  LAW  HOSPITALITY. — On  the  hottest  day  of  the  sea- 
son I  rode  fifty  miles  with  a  horse  and  buggy,  so  as  to  reach  home  that 
night,  as  my  family  were  unwell,  and  I  knew  not  how  sick  they  were.    We 
were  detained  by  the  shower ;  it  was  half-past  eight  o'clock  in  the  evening 
when  we  reached  the  river  bank,  one  mile  from  home.    I  tried  to  raise  the 
boatman  who  lived  on  the  other  side ;  but  finding  it  impossible,  we  rode  back 
two  miles  to  the  public  house,  the  only  one  within  five  miles,  and  called 
for  the  landlord.  •  As  he  came  to  the  door,  I  told  him  all  the  circumstances 
of  our  case,  and  then  inquired  if  I  could  hire  a  horse  at  any  price,  to  drive 
around  by  way  of  H.,  some  fifteen  miles.    He  said  his  horses  were  all  en- 
gaged, and,  I  doubt  not,  he  was  honest  in  this.     "  Then,"  said  I,  "  as  the 
last  resort,  you  will  have  to  keep  us  over  night,"  for  it  was  nearly  ten  o'clock. 
"  No,"  said  he,  "  I  have  dismissed  my  cook,  and  have  no  accommodation  for 
travelers."    Therefore  he  could  not  give  us  shelter  for  ourselves  or  feed  for 
the  horse,  which  were  all  we  pretended  to  ask  ;  he  had  dismissed  his  cook. 
"  But,"  said  I,  "  you  have  your  sign  up  still,  so  I  supposed,  of  course,  you 
kept  open  doors."    He  said,  "I  have  a  right  to  put  what  I  choose  on  my 
house ;  but  they  have  taken  away  my  license,  and  I  can  not  keep  you.    Un- 
der the  circumstances  I  am  sorry,  but  can  not  help  it.    I  would  accommo- 
date you  if  I  could."    "  Very  good,"  thought  I,  "  certainly,  of  a  man  so  con- 
scientious, I  will  neither  claim  nor  beg  admission,  but  make  the  best  of  our 
case."    We  turned  about  and  drove  off.    We  called  at  the  first  house  where 
we  saw  a  light,  feeling  that  while  we  could  do  well  enough,  the  poor  animal 
that  had  been  driven  the  last  mile  he  ought  to  be,  we  must  at  some  rate  pro- 
vide for.    A  man  came  to  the  door ;  I  told  him  a  part  of  my  story.    He  said, 
"  It  is  too  bad ;  we  must  accommodate  you  some  way."    "  No,"  said  a  lady, 
who  had  been  listening  to  our  conversation,  "  I  have  had  company  come  in 
this  afternoon,  and  it  will  not  be  possible."    Now  a  bright  thought  struck 
me.     "  What  is  the  name  of  your  minister  ?"     "  Rev.  Mr.  L."     "  Oh,  yes." 
"  Do  you  know  him?"    "  I  have  seen  him,  but  shall  not  go  to  him  on  the 
score  of  old  acquaintance,  but  rather  on  the  ground  of  necessity  and  mercy, 
thinking  that  from  his  profession  he  is  a  man  who  will  make  some  effort,  if 
need  be,  some  sacrifice  '  to  entertain  strangers,'  rather  than  to  have  them 
sleep  out  doors."    Obtaining  the  direction  to  the  good  man's  house,  we  drove 
on,  the  rain  coming  down  in  torrents.     We  called  upon  the  Rev.  Mr.  L., 
stating  our  case,  telling  him  who  and  what  we  were,  and  then  inquired  if 
he  did  not  know  of  some  family  among  his  people  that  would  be  willing,  un- 

107 


CHAP.  I.]  EESULTS  OF  PROHIBITION  [SEC.  39,40. 

der  the  circumstances,  to  afford  us  shelter  for  the  night.  "  Well,"  said  he, 
"  I  do  not  care  to ;  come  in  here  ;  no  apologies.  You  are  not  the  first,  nor 
I  hope  the  last ;  for  we  should  be  glad  to  keep  a  half-dozen  travelers  every 
night  for  the  sake  of  shutting  up  that  rum  tavern.  We  used  to  think  that 
landlord  a  very  gentlemanly,  clever  fellow  when  he  was  allowed  to  sell  all 
the  rum  he  chose ;  but  now,  under  the  pressure  of  the  new  law,  he  'begins 
to  show  out  what  he  is — to  show  the  '  cloven  foot.'  Never  mind,  it  will  all 
help  our  good  cause."  For  the  first  time  in  all  my  travels  I  threw  myself 
upon  the  warm  hospitality  of  the  minister.  His  welcome  was  so  cordial  and 
earnest  I  could  not  well  decline  it ;  and  under  its  mellowing  influence  I  could 
hardly  help  thanking  the  crabbed  landlord  for  unwittingly  sending  us  to  so 
much  better  quarters,  and  so  much  better  company  than,  tinder  any  cir- 
cumstances, we  could  have  found  in  his  own  house.  Certainly  we  shall  not 
soon  forget  the  kind  attentions  of  our  new  host  and  hostess.  Nor  could  we 
forbear  still  blessing  the  reign  of  the  new  Maine  Law,  especially  when  we 
thought  of  the  hundreds  through  the  State  that  were  even  then  keeping  their 
happy  jubilee  over  sober,  if  not  redeemed,  husbands,  fathers,  sons,  and 
brothers,  and  the  thousands  more  that  would  soon  come  forth  to  join  their 
ranks.  For  what  is  our  inconvenience  of  an  hour  or  two  compared  with 
their  keen,  poignant  suiferings  of  a  life  ? 

39.  FINED  FOR  OBTAINING  LIQUOR   UNDER  FALSE   PRETENSES. — At 
one  hotel  which  had  been  kept  for  several  years  on  temperance  principles, 
the  enterprising  landlord,  learning  that  I  resided  in  Maine,  said  :  "  We  have 
a  law  here  in  Connecticut  now  that  casts  your  Maine  Law  all  into  the 
shade."     "  How  is  that  ?"     "  We  have  an  agent  appointed  in  each  town,  as 
you  have,  to  sell  spirits  under  certain  restrictions.     It  is  his  duty  to  inquire 
of  every  purchaser  whether  he  wants  the  spirit  for  mechanical  or  medicinal 
purposes.     If  so,  the  agent's  responsibility  is  at  an  end.     He  may  sell,  but 
then  if  it  can  be  proved  that  the  buyer  did  not  want  it  for  either  of  these 
purposes,  the  law  seizes  the  latter.     Only  yesterday  a  man  here  in  the  vil- 
lage was  taken  up ;  it  was  proved  that  he  had  misrepresented  in  the  matter, 
so  he  was  fined  and  made  to  pay  over  twelve  dollars  for  a  pint  of  bran- 
dy"   That  is  a  clincher.    Why  can  we  not  have  something  of  the  kind,  or 
better,  in  our  Maine  Law?    Men  would  soon  get  tired  of  paying  "  so  dear 
for  the  whistle,"  and  I  doubt  not,  in  some  localities,  the  present  prevailing 
sickness  would  come  to  a  very  sudden  end. 

October  3, 1854. 

STATEMENTS    OF    THE    NEW    YORK    TRIBUNE. 

40.  SCARCITY  OF  CONVICT  LABOR. — A  friend  was  lately  conversing  with 
the  keeper  of  the  Connecticut  State  Prison,  who  complained  of  his  inability 
to  supply  the  contractors  for  labor  in  that  institution  with  the  number  of 
men  bargained  for  in  their  several  contracts ;  for,  said  he,  "  we  have  a  good 
many  going  out  from  time  to  time,  and  almost  nothing  coming  in."    If  the 

108 


CHAP.  L]  IN  CONNECTICUT.  [SEC.  41nt6 

Prohibitory  Liquor  Law  of  that  State  should  be  as  well  enforced  through 
the  next  three  years  as  it  has  been  through  the  last  three  months,  we  appre- 
hend that  the  keeper  will  have  to  repudiate  his  still  outstanding  contracts 
altogether,  or  hire  honest,  unconvicted  laborers  to  work  them  out.  We  cau- 
tion the  managers  of  our  State  Prisons  against  making  contracts  ahead  for 
the  labor  of  any  thing  like  the  present  number  of  prisoners.  We  are  going 
to  have  a  prohibitory  liquor  law,  gentlemen !  and  that  insures  a  great  re- 
duction of  the  convict  force  in  our  State  Prisons.  Be  good  enough  to  shape 
your  contracts  with  a  view  to  this  fact. 

41.  THE  MOST  MORAL  AND  HAPPY  STATE  IN  THB  UNION. — By  the  way, 
Connecticut  is  this  day  the  most  moral  and  happy  State  in  the  Union,  by 
reason  of  her  Prohibitory  Law.    It  is  well  enforced,  and  it  is  doing  even 
more  good  than  its  friends  anticipated. 

STATEMENT    OF    THE    MAINE    LAW    ADVOCATE. 

42.  GONE  TO  WORK. — An  ex-dramseller  in  Connecticut  was  asked  a  few 
days  ago  what  had  become  of  his  customers,  quite  a  number  of  whom  might 
be  found  at  almost  any  hour  in  the  day  hanging  around  his  shop.     His  re- 
ply was,  with  an  oath,  "  I  s'pose  they've  gone  to  work."    The  expression, 
rough  and  heartless  as  it  was,  contains  much  of  truth.     "  Gone  to  work !" 
and  why  ?    The  carcass  is  removed ;  the  article  that  called  them  to  hover 
around  his  groggery,  and  there  to  spend  their  time,  to  the  neglect  of  all  else, 
is  under  the  ban  of  an  iron  law,  and  not  being  able  to  procure  it,  they  find 
now  no  occasion  to  laze  away  the  hours  of  either  day  or  night,  to  the  neglect 
of  their  families,  or  to  longer  bestow  their  patronage  on  the  one  who,  taking 
advantage  of  their  weakness,  has  done  so  much  to  debase  and  destroy  them 

STATEMENTS    OF    THE    NORWICH    EXAMINER. 

43.  ALL  PARTS  OF  THE  STATE. — From  all  parts  of  the  State  we  have  the 
most  cheering  accounts  of  the  new  Liquor  Law,  and  of  the  determination  of 
its  friends  to  secure  for  it  a  fair  trial. 

44.  ARRESTS  AND  SEIZURES. — Arrests  and  seizures  have  been  made  in 
Hartford,  New  Haven,  Norwich,  Bridgeport,  Danbury,  Westport,  Norwalk, 
Waterbury,  Walcottville,  and  Derby. 

45.  CARSON  LEAGUES. — Carson  Leagues,  or  associations  involving  the 
same  principle,  are  coming  into  shape  all  over  the  State,  to  give  efficiency  to 
the  law. 

46.  EFFECTS  OF  THE  MAINE  LIQUOR  LAW  ON  THE  DOMESTIC  AND  RE- 
LIGIOUS HABITS  OF  THE  PEOPLE.— The  effects  of  our  law  consist  not  simply 
in  closing  rum-shops,  preventing  disorder  and  crime,  and  emptying  prisons 
and  alms-houses ;  they  are  already  felt,  we  believe,  in  many  a  family  that 
has  long  been  cursed  with  the  evils  of  intemperance.     Many  a  miserable 
abode  has  been  converted  into  a  pleasant,  happy  home;  many  a  heart- 
broken wife  gladdened  by  the  reformation  of  her  intemperate  husband; 

109 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  47,  48. 

many  a  group  of  suffering  children  provided  with  the  comforts  of  life.  In- 
deed, wherever  the  influences  of  the  liquor  traffic  have  been  felt  in  years 
that  are  past,  there  the  influences  of  this  most  excellent  law  are  felt  noiv  ; 
and  the  tendency  is  to  prevent,  and  in  a  measure  to  undo,  the  countless 
evils  which  flow  from  the  traffic  in  ardent  spirits.  These  thoughts  have 
been  suggested  by  a  particular  case  which  we  have  had  occasion  recently  to 
notice :  A  man  who  for  several  years  has  not  even  entered  the  sanctuary  or 
attended  any  religious  meeting  whatever,  has  been  repeatedly  of  late  in  the 
house  of  God  on  the  Sabbath.  For  a  long  time  neither  himself  nor  his  fam- 
ily were  provided  with  clothing  suitable  to  enable  them  to  attend  public 
worship.  The  money  that  should  have  been  used  in  purchasing  clothing 
and  other  articles  necessary  to  their  comfort,  was  expended  for  rum.  But 
they  are  all  well  dressed  now,  and  we  shall  be  greatly  disappointed  if  they 
are  not,  in  future,  habitual  attendants  upon  the  sanctuary.  They  are 
provided,  too,  with  the  comforts  of  life,  and  prepared  for  the  approaching 
winter  far  better,  probably,  than  they  ever  were  before.  Who  can  witness 
one  such  case  without  lifting  his  heart  to  God  and  thanking  him  for  this 
Prohibitory  Law  ?  Who  can  think  of  hundreds  like  it  scattered  all  over 
the  State,  and  not  feel  himself  called  upon  to  do  all  in  his  power  to  enforce 
and  perpetuate  this  law  ? 

STATEMENT    OF    THE    PROHIBITIONIST. 

47.  THE  WISDOM,  EFFICIENCY,  AND  POWER   OF  THE   CONNECTICUT 
LIQUOR  LAW. — The  meeting  of  the  State  Society  was  held  in  Hartford  on 
November  16th,  1854.     An  excellent  and  hopeful  spirit  prevailed,  and  the 
reports  from  various  sections  of  the  State  were  of  the  most  cheering  charac- 
ter, showing  that  the  law  was  everywhere  bringing  forth  its  legitimate 
fruits  in  the  diminution  of  drunkenness,  pauperism,  and  crime,  and  the 
improved  moral  and  physical  condition  of  many  who  had,  previous  to  its 
enactment,  been  the  victims  of  intemperance.     The  following  resolution, 
among  others,  was  unanimously  adopted  : 

Resolved,  That  the  universal  experience  of  the  people,  under  the  operation  of  our  excel- 
lent Prohibitory  Law,  fully  confirms  our  most  sanguiue  expectations,  and  establishes  on  a 
firm  and  sure  basis  its  wisdom,  efficiency,  and  power. 

STATEMENT  OF  THE  NEW  HAVEN  ADVOCATE. 

48.  ALL  PARTS  OF  THE  STATE. — From  all  parts  of  the  State  the  tidings 
continue  to  come  to  us  of  the  excellent  workings  of  the  Connecticut  Liquor 
Law.    The  diminution  of  intemperance,  the  reduction  of  crime  and  pauper- 
ism, the  better  observance  of  the  Sabbath,  etc.,  are  the  themes  of  rejoicing 
from  every  quarter.     Men  who  voted  against  the  law,  and  who  have  hereto- 
fore been  its  bitter  opponents,  are  now  its  firm  friends,  and  pledge  it  their 
future  support. 

110 


CHAP.  H.]  IN  CONNECTICUT.  [SEC.  1-11. 


The  home  of  the  peaceable,  citizen  was  never  before  so  secure.— QOTEBNOB 

FAIRFIELD   COUNTY. 

Tranquillity  and  happiness  of  Fairfleld  County— Population. 

DARIEN. — Population — From  Kev.  EZRA  D.  KINNEY: — Period  of  enforcement — Public 

opinion— The  Sabbath— Public  tranquillity. 
NOKWALK.— Population— From  Eev.  EDWIN  HALL  .-—Period  of  enforcement— Quietness, 

order,  and  industry — Improvement  of  countenance — Keclaimed  from  intemperance — 

Lounging  and  idleness — Trade  and  industry — The  Sabbath — Attendance  at  church — 

Public  opinion. 
STAMFOBD.— Population— From  Hon.  W.  D.  MINOR  :— Drunkards  seldom  seen— No  danger 

to  the  poor  man's  castle— Property  improved— Public  opinion. 

1.  THE  tranquillity  and  happiness  which  now  prevails  in  the 
county  of  Fairfield  are  sufficiently  indicated  by  the  following 
concise  statements,  which  need  no  comment. 

2.  Population  59,775. 

DARIEN. 

3.  Population  1,454. 

From  Eev.  EZEA  D.  KINNEY,  Congregationalist. 
4.  PERIOD  OF  ENFORCEMENT. — Since  August  1,  1854. 
6.  THE  SABBATH. — I  think  that  Sabbath  observance  has  increased. 

6.  PUBLIC  OPIKION.— All  respectable  citizens  highly  approve  of  the  Maine 
Liquor  Law. 

7.  PUBLIC  TRANQUILLITY. — There  was  formerly  much  rum  drank  here, 
for  a  place  of  this  size.    There  was  formerly  much  wrangling,  but  all  is 
quiet  now. 

January  5, 1855. 

NORWALK. 

8.  Population  4,651. 

From  Eev.  EDWIN  HALL,  Congregationalist. 

9.  PERIOD  OF  ENFORCEMENT. — Since  August  1,  1854. 

10.  QUIETNESS,  ORDER,  AND  INDUSTRY. — The  increased  quietness,  order, 
and  industry  are  remarked  by  all. 

11.  IMPROVEMENT  OF  COUNTENANCE. — The  improvement  is  visible  in 
the  countenance  of  almost  every  person  whom  I  have  known  as  addicted  to 
strong  drink. 

Ill 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  12-22. 

12.  RECLAIMED  FROM  INTEMPERANCE. — So  far  as  I  know,  every  per- 
son who  was  heretofore  addicted  to  intemperance  has  become  sober. 

13.  LOUNGING  AND  IDLENESS. — Not  half  the  time  is  spent  in  lounging 
and  idleness,  within  my  observation,  that  there  was  before. 

14.  TRADE  AND  INDUSTRY. — I  expect,  as  a  natural  result  of  these  im- 
provements, that  the  legitimate  home  trade  and  industry  have  proportionably 
increased. 

15.  THE  SABBATH. — There  are  no  Sabbath  brawls  and  riots  among  the 
low  Irish,  as  there  were  before. 

16.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  is  on  the 
increase  and  was  before,  but  not  merely  from  this  cause.     The  rum  dealers 
and  drinkers  abandoned  us  years  ago. 

17.  PUBLIC  OPINION. — There  is  but  one  voice  and  one  opinion  among  the 
citizens  on  this  subject.     Scarcely  a  man  of  any  character  refuses  to  ac- 
knowledge the  palpable  benefit  and  wholesomeness  of  the  law. 

January  2, 1855. 

STAMFORD. 

18.  Population  5,000. 

From  Hon.  W.  D.  MINOR,  Judge  of  County  Court,  Fairfleld  County. 

19.  DRUNKARDS  SELDOM  SEEN. — Drunkenness  was  rife  in  the  village  of 
Stamford  previous  to  the  passing  of  the  law ;  since  then  very  few  cases  have 
come  under  my  notice. 

20.  No  DANGER  TO  THE  POOR  MAN'S  CASTLE. — The  opposition  to  it  is 
chiefly  based  on  the  assumption  that  it  interferes  with  the  natural  rights  of 
the  citizens,  and  the  danger  of  the  poor  man's  castle  being  invaded.     But 
not  a  single  case  of  hardship  from  the  right  of  search  has  ever  been  heard 
of;  in  fact,  search  can  not  be  made  in  a  private  dwelling  unless  there  are 
very  good  grounds  for  the  authorities  to  entertain  the  belief  that  the  owner 
has  invaded  the  sacredness  of  his  own  house  with  the  rum  bottle,  and  turned 
it  into  a  dram-shop. 

21.  PROPERTY  IMPROVED. — The  law  is  decidedly  beneficial,  and  property- 
holders  everywhere  are  becoming  more  and  more  in  favor  of  its  strict  en- 
forcement. 

22.  PUBLIC  OPINION. — So  strong  is  its  hold  upon  the  community  already, 
that  no  political  or  other  combination,  in  my  opinion,  could  be  entered  into 
to  repeal  the  law.     Any  change  will  be  to  make  it  more  stringent  in  order 
to  its  more  thorough  enforcement.     Public  opinion  is  bearing  in  strongly  in 
favor  of  the  law,  and  I  have  no  doubt  that  in  a  few  years  it  will  be  as  easily 
and  as  thoroughly  enforced  as  the  laws  against  theft,  licentiousness,  and 
gambling. 

February  7, 1855. 


112 


CHAP,  m.]  IN  CONNECTICUT.  [SEC.  1. 


Since  the  1st  of  August  last  (when  our  law  went  Into  operation)  I  have  not  seen  more  than  one  or  two 
Instances  of  Intemperance  In  the  streets.  The  instances  are  now,  indeed,  rare.  The  quiet  in  our  city  i<» 
altogether  undisturbed.  I  live  in  a  place  In  town  where  I  have  frequently  heard  persons  pass  who,  from 
their  conversation,  it  was  evident,  had  been  drinking.  Since  the  1st  of  August  I  have  seldom  heard  any 
Buch  language.  Our  streets  are  now  comparatively  quiet.  I  have  no  doubt  that  the  effect  In  this  city  haa 
been  exceedingly  good.  If  drinkers  go  to  the  liquor  shops — and  I  believe  some  of  them  go  yet — they  are  par- 
ticularly careful  to  come  away  before  they  are  so  tipsy  as  to  make  a  noise  in  the  streets.  To  way  that  there 
is  as  much  drinking  now  as  there  was,  is  to  assert  an  impossibility— because  the  houses  are  newly  all  giveu 
up,  and  those  who  do  sell  must  do  it  in  darkness.— HON.  CHIEF  JUSTICE  WILLIAMS. 

HARTFORD    COUNTY. 

Efficient  enforcement  of  the  Prohibitory  Law — Population — From  Bev.  Mr.  BUSH,  of  Nor- 
wich : — Reclaimed  from  intemperance — Jails  and  alms-houses. 

CANTON. — Population — From  the  Hartford  Courant : — "Working  of  the  Maine  Liquor  Law 
— The  Maine  Liquor  Law  enforced — Carson  Leagues — The  former  condition  of  the  town. 

ENFIELD. — Population — From  Eev.  "W.  E.  DIXON  : — Period  of  enforcement — The  Sabbath 
— Attendance  at  church — Sale  of  liquor  not  respectable — Grog-shops  closed — Violations 
of  the  law — Advantages  of  the  Connecticut  Prohibitory  Law. 

HABTFORD  CITY. — Population — From  Eev.  WARREN  G.  JONES  : — Period  of  enforcement — 
Crime— Public  health— Trade— Attendance  at  church— Public  opinion— Domestic  im- 
provement— From  Eev.  J.  "W.  TURNER  : — The  triumph  of  the  wicked  is  short — From 
Rev.  J.  BIRD  : — The  peace  of  the  suburbs — Public  opinion. — From  Mr.  BENNING  MANN  : — 
Drinking  diminished.— From  Mr.  L.  L.  COLES  :— Drunkards  decreased  ten  to  one.— From 
Eev.  DAVID  HOWLEY  : — The  Maine  Liquor  Law  from  Heaven. 

NEW  BRITAIN. — Population — From  Mr.  ALFRED  ANDREWS  : — Period  of  enforcement — 
The  Sabbath — Opponents  becoming  friends — Value  of  the  Maine  Liquor  Law — Public 
opinion — Industry  and  economy — Virtue,  morality,  and  religion — A  family  made  happy 
— Cured  and  restored. 

PLAIN  VILLE. — Population — From  Eev.  JOEL  L.  DICKINSON  : — Period  of  enforcement — 
Public  health — Eeclaiuaed  from  intemperance — The  Sabba'.h — Public  opinion — Order 
and  quietness — A  tree  known  by  its  fruit — The  greatest  earthly  blessing. 

SIMSBURY. — Population — From  Eev.  SAMUEL  T.  EICHARDS: — Period  of  enforcement — As- 
saults—Reclaimed from  intemperance— Trade— No  prosecutions— Illegal  sale  of  liquor— 
Eumselling  holed— The  value  of  the  Maine  Liquor  Law— Public  opinion— Distilleries— 
A  nervous  distiller. 

SOUTHINGTON.— Population— From  Eev.  E.  C.  JONES  :— Crime— Public  health— Eeciaimed 
from  intemperance— The  Sabbath— Public  opinion— Converts  to  the  Maine  Liquor  Law 
—Families  provided  for— Enforcement  of  the  Maine  Liquor  Law— The  Connecticut  Li- 
quor Law. 

SPFFIELD.  —  Population— From  Eev.  DANIEL  HEMANWAY  :  —  General  benefits  of  the 
Maine  Liquor  Law — Acquiescence — Opposition — No  legal  sale  of  liquor — Clandestine 
sale— Intemperance  diminished. 

WEST  HARTFORD.— Population— From  Eev.  MYRON  N.  MORRIS  :— Period  of  enforcement- 
Less  drinking— The  Sabbath— Public  opinion— The  sale  of  liquor  prohibited. 

1.  THE  advantage  of  an  efficient  enforcement  of  the  Maine 
Liquor  Law  is  clearly  indicated  in  Hartford  County,  and,  indeed, 

113 


CHAP.  HI.]  RESULTS  OF  PROHIBITION          .       [Sjsc.  2-12. 

in  every  county  in  this  State.  The  evidences  of  improvement 
are  so  abundant  and  striking,  that  no  one  can  travel  through  the 
State  and  not  observe  how  it  contrasts  with  other  parts  of  the 
country  where  no  such  law  is  in  operation.  There  is  credit  due 
to  the  officers  of  justice  in  Connecticut  for  the  faithful  manner 
in  which  they  have  discharged  their  duty,  and  especially  is  this 
the  case  in  Hartford  County,  the  most  thickly  populated,  and 
consequently  requiring  the  greater  vigilance  of  the  authorities. 
We  say  there  is  credit  due.  We  know  they  have  only  done 
their  duty,  but  in  contrast  with  the  officers  of  other  States  they 
deserve  high  commendation. 

2.  Population  69,967. 

From  Bey.  Mr.  BUSH,  of  Norwich. 

3.  RECLAIMED  FROM  INTEMPERANCE. — I  could  give  a  long  list  of  names 
of  men  formerly  idle  and  drinking,  who  are  now  sober  and  industrious.    So 
it  is  in  Hartford  County. 

4.  JAILS  AND  ALMS-HOUSES. — Their  jails  and  alms-houses  are  almost 
empty.    These  are  samples  of  the  effects  of  the  law. 

CANTON. 

5.  Population  1,986. 

From  the  Hartford  Courcmt. 

6.  WORKING  OF  THE  MAINE  LIQUOR  LAW. — The  Maine  Liquor  Law 
works  admirably  in  Canton. 

7.  THE  MAINE  LIQUOR  LAW  ENFORCED. — The  law  is  very  generally 
strictly  regarded  by  our  citizens.    If  it  be  violated  by  either  manufacturer 
or  drinker,  the  officer  whose  duty  it  is  will  see  the  prescribed  punishments 
meted  out  to  the  offenders. 

8.  CARSON  LEAGUES.— Organizations  are  being  formed  for  enforcing  the 
law  to  the  letter. 

9.  THE  FORMER  CONDITION  OF  THE  TOWN. — Previously  to  the  memora- 
ble 1st  of  August,  this  town,  in  common  with  many  others  of  the  State,  was 
the  scene  of  much  drunkenness  and  disorder.     Grog-shops  were  open  night 
and  day,  and  the  toper  did  little  but  lie  at  them,  leaving  his  family  to  want 
and  suffering. 

ENFIELD. 

10.  Population  4,460. 

From  Eev.  WM.  E.  DIXON,  Congregationalist. 

11.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854 

12.  THE  SABBATH.— The  Sabbath  is  now  better  observed 
114 


CHAP.  EL]  IN  CONNECTICUT.  [Sec.  13-24. 

13.  ATTENDANCE  AT  CHURCH. — The  attendance  at  places  of  worship  has 
improved  as  an  invariable  result  of  increased  sobriety. 

14.  SALE  OF  LIQUOR  NOT  RESPECTABLE. — No  respectable  man  is  now 
engaged  in  the  liquor  traffic  in  this  town. 

15.  GROG-SHOPS  CLOSED. — All  the  grog-shops  are  closed. 

16.  VIOLATIONS  OF  THE  LAW. — Some  low  sort  of  persons  have  violated  the 
law,  and  they  have  been  prosecuted,  their  business  stopped,  and  liquor  for- 
feited. 

17.  ADVANTAGES  OF  THE  CONNECTICUT  PROHIBITORY  LIQUOR  LAW. — 
The  Connecticut  Liquor  Law  is  an  excellent  one,  in  its  avoiding  the  uncon- 
etitutionality  of  the  seizure  clause  of  the  Massachusetts  law,  first  enacted, 
and  in  releasing  him  who  discloses  of  whom  he  purchased  the  liquor. 

December  18ft,  1854. 

HARTFORD    CITY. 

18.  Population  13,555. 

From  Mr.  DAY,  Editor  of  (he  Hartford  Cburant. 

19.  THE  WORK-HOUSE. — Commitments  in  July,  1854 20 

In  August,  1854 8 

Decrease  under  the  Maine  Liquor  Law 12 

In  August,  1853 16 

In  August,  1854 8 

Decrease  under  the  Maine  Liquor  Law 8 

There  have  been  twenty-three  persons  discharged  from  the  work-house  since 
August  1st,  1854 ;  and  on  Saturday,  September  9th,  there  was  not  a  single 
male  person  in  the  work-house,  which,  except  for  two  females,  would  have 
been  tenantless.  There  has  not  been  a  parallel  to  this  state  of  things  at 
any  season  of  the  year  for  eight  years,  at  least— for  how  much  longer  we 
do  not  know,  but  presume  there  never  was.  Is  there  a  sane  person  who- 
doubts  for  an  instant  what  has  caused  these  results  ? 
February  7,  1855. 

From  Eev.  WAEEEN  G.  JONES,  Congregationalist. 

20.  PERIOD  OF  ENFORCEMENT. — Since  August  1st     1854. 

21.  CRIME. — Crime  has  diminished,  I  should  think,  at  least  seventy-five 
per  cent. 

22.  PUBLIC  HEALTH. — Physicians  complain  of  having  nothing  to  do. 

23.  TRADE. — The  increase  in  legitimate  home  trade  is  very  great.     One 
grocer  told  me  that  his  business  had  increased  one  third.     Another  said  he 
had  twelve  men  with  plenty  of  cash  on  Saturday  evenings,  at  his  store,  who 
had  always  before  been  represented  by  little  girls  with  a  few  cents. 

24.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  al- 
ready been  increased  to  some  extent. 

115 


CHAP,  in.]  RESULTS  OP  PROHIBITION  [SEC.  25-28. 

25.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  in 
favor  of  the  law. 

26.  DOMESTIC  IMPROVEMENT. — I  know  of  a  number  of  families  who 
were  cursed  with  poverty,  vice,  and  wretchedness,  who  have  now  all  the 
comforts  of  life,  good  character,  and  are  happy  in  all  the  domestic  relations. 
The  Temperance  Liquor  Law  of  this  State  has  done  a  great  work  for  very 
many  families,  and  we  believe  it  is  destined  to  eradicate  an  evil  which  has 
no  parallel  in  causing  human  degradation  and  suffering. 

Dec&mber  23d,  1854. 

From  Eev.  J.  W.  TUENBB,  of  Portland,  Maine. 

27.  "  THE  TRIUMPH  OF  THE  WICKED  is  SHORT." — Mr.  S ,  a  staunch 

temperance  man  of  W.,  went  to  Hartford  about  the  time — the  day,  or  day 
after — the  law  went  into  operation.    He  called,  on  some  business,  at  a  gro- 
cery and  provision  store,  where  he  had  traded  occasionally,  and  was  well 
known.      "Ah!  Mr.  S.,"  said  the  grocer,  "I  am  very  glad  to  see  you; 
Where's  your  jug  ?    For  a  few  days  past  all  the  temperance  men  around 
have  been  in  to  get  their  jugs  filled,  and  I  suppose  you  have  come  too.    I 
have  not  had  such  a  run  of  business  for  years,"  chuckling  and  glorying  in 
his  supposed  advantage  over  his  old  acquaintance.    But  the  honest,  solid 
farmer  had  handled  and  broken  too  many  wild  colts  to  be  easily  frightened 
by  such  unprovoked  and  rough  treatment.    He  mildly  but  firmly  assured 
the  grocer  that  he  might  depend  upon  it  his  triumphing  was  short,  that 
the  law  must  and  would  be  sustained,  and  that  he  would  come  to  like 
it  as  well  as  any  body  when  he  should  see  how  well  it  worked.    The  grocer 
laughed  at  the  absurd  idea,  and  a  very  earnest  discussion  of  the  question  at 
issue  followed.     A  number  of  weeks  after  the  farmer  made  it  convenient  to 
call  again  at  this  store.    He  saw  the  desirable  change  already  eifected.    He 
met  the  grocer,  and  accosting  him  very  pleasantly,  said,  "What  does  all 
this  mean  ?    What  has  become  of  all  the  old  barrels  and  loungers  that  used 
to  block  up  my  way  out  here  ?    And  what  makes  you  look  all  so  nice  and 
prosperous  now  ?    Doing  a  good  business,  too.    The  new  law  is  beginning  to 
work,  I  guess."    He  was  a  pretty  good  Yankee,  and  dodged  away  without 
waiting  to  hear  the  unnecessary  explanations  of  the  deep  mystery. 

October  3d,  1854. 

From  Kev.  J.  BntD. 

28.  THE  PEACE  OF  THE  SUBURBS. — I  reside  in  the  suburbs  of  Hartford. 
Previous  to  the  operation  of  the  Maine  Liquor  Law,  five  months  ago,  we 
were  regularly  disturbed  on  Saturday  and  Sunday  evenings  by  the  loud 
shouts  and  Bacchanalian  songs  of  the  countrymen  returning  from  the  city 
to  their  homes.     These  disturbances  were  sometimes  attended  by  other  acts 
of  annoyance,  such  as  the  removal  and  hiding  of  street  gates,  and  the  sign- 
boards of  mechanics.    From  the  day  that  the  law  was  to  become  operative 
we  have  heard  nothing  of  the  kind — not  a  single  case.    Drunkards  were 

116 


CHAP,  m.]  IN  CONNECTICUT.  [SEC.  29-32. 

often  seen  reeling  along  these  streets,  but  since  the  law  came  into  force  tho 
writer  has  not  seen  one.  The  neighborhood  is  now  quiet,  and  one  may  come 
and  go,  by  night  or  by  day,  without  fear  of  violence  from  the  man  whom 
rum  has  made  mad. 

29.  PUBLIC  OPINION. — So  far  as  I  know,  the  feeling  of  all  respectable 
citizens  is  universally  in  favor  of  the  Maine  Liquor  Law. 

December  21, 1854. 

From  Mr.  BENNING  MANN,  Counselor  at  Law,  City  Police  Clerk. 

30.  DRINKING  DIMINISHED. — I  have  been  police  justice  here  for  the  last 
twenty  years,  and  I  know  a  very  great  difference  since  this  law  went  into 
operation.     I  think  that  when  the  people  become  tired  of  selling  in  violation 
of  the  law,  my  occupation  will  be  pretty  nearly  gone.     If  you  stop  drink- 
ing you  stop  the  cause  of  all  the  quarrels  and  fights.    It  is  perfect  non- 
sense— it  is  a  perfect  falsehood  to  say  that  the  law  has  increased  drunken- 
ness.    That  drinking  is  totally  stopped,  nobody  claims ;  but  it  is  stopped 
at  least  three  fourths.     I  have  known  some  of  our  constables  here  have  as 
high  as  $90  in  a  quarter  for  fines  for  breaches  of  the  peace ;  if  they  reach 
$25  now  it  is  the  head.     The  parties  brought  before  the  police  court  will 
average  eight  out  of  ten  Irish.    The  Irish  are  our  only  foreign  population, 

with  a  few  Germans. 

From  Mr.  L.  S.  COLES,  Policeman. 

31.  DRUNKARDS  DECREASED  TEN  TO  ONE. — I  have  been  a  policeman 
here  since  the  1st  of  May,  1854.    I  have  seen  ten  men  drunk  on  the  streets 
before  this  law  passed  for  one  that  I  have  seen  since.     These  men,  although 
they  would  have  been  liable  for  prosecution  under  the  new  law,  were  not 
taken  up  under  the  old  law.    It  was  only  when  a  drunken  man  was  making 
some  assault  that  he  was  taken  up  formerly.     On  one  Sunday,  before  the 
law  was  passed,  I  arrested  seven  men  for  breaches  of  the  peace  while  in 
drink.     Since  the  1st  of  August  I  have  only  arrested  two  men  on  Sunday  for 
being  drunk.     There  are  eight  night-watchmen,  and  seldom  a  night  passed 
without  some  man  being  taken  up  by  them  for  beating  his  wife  or  children 
while  in  a  state  of  intoxication.     Now  it  is  a  rare  thing  to  take  up  one. 
This  law  has  taken  at  least  $6  a  month  right  out  of  my  pocket,  for  we  have 
no  fines  now.    It  would  be  almost  impossible  to  make  any  one  believe  the 
difference  in  the  quiet  of  our  city. 

From  Eev.  DAVID  HAWLEY,  City  Missionary,  Hartford. 

32.  THE  MAINE  LIQUOR  LAW  FROM  HEAVEN. — I  have  been  in  the  field 
as  city  missionary  for  three  years  and  a  half.    I  have  a  Mission  Sabbath 
School,  planned  after  the  Five  Points  School  of  New  York.     Since  the 
1st  of  August  it  has  increased  more  than  one  third  in  numbers.     Before 
that  time  there  was  hardly  a  Sabbath  but  there  was  some  one  there  the 
worse  for  liquor.     Since  the  1st  of  August  there  has  been  but  one  instance 
that  even  the  smell  of  liquor  was  in  the  school.     Before  the  law  passed  I 
could  many  a  day  have  gathered  up  a  wagon-load  of  intemperate  men— 

117 


CHAP,  m.]  RESULTS  OF  PROHIBITION  [SEc.  33-43 

almost,  indeed,  any  day ;  since  the  1st  of  August  I  have  seldom  met  with 
an  instance.  I  have  many  times  seen,  in  passing  my  rounds,  wives  and 
mothers,  and  even  young  women  the  worse  for  liquor ;  but  all  that  has 
changed,  and  in  my  conversations  with  the  poor  people  many  of  them  say 
that  the  law  must  have  come  from  Heaven — it  is  too  good  to  have  been 
framed  by  man.  The  little  children  that  used  to  run  and  hide  from  their 
fathers  when  they  came  home  drunk,  are  now  well  dressed  and  run  out  to 
meet  them.  These,  I  assure  you,  are  not  isolated  cases ;  I  could  put  my 
finger  upon  dozens  of  instances. 
February  9,  1855. 

NEW    BRITAIN. 

33.  Population  3,029. 

From  Mr.  ALFBED  ANDREWS,  Farmer,  Deacon  of  the  Congregationalist  Church. 

34.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

35.  THE  SABBATH. — The  observance  of  the  Sabbath  has  been  increased. 

36.  OPPONENTS  BECOMING  FRIENDS. — Many  of  the  opponents  of  the 
prohibitory  enactment  have  become  its  friends. 

37.  VALUE  OF  THE  MAINE  LIQUOR  LAW.— This  law  is  to  us  above  all 
price  or  valuation.    It  works  to  a  charm. 

38.  PUBLIC  OPINION. — The  people  will  sustain  the  law. 

39.  INDUSTRY  AND  ECONOMY. — This  law  promotes  industry  and  econ- 
omy, and  consequently,  happiness. 

40.  VIRTUE,  MORALITY,  AND  RELIGION. — Vice,  crime,  rowdyism,  and 
idleness  are  greatly  diminished,  while  virtue,  morality,  and  religion  are 
greatly  promoted. 

41.  A  FAMILY  MADE  HAPPY. — My  neighbor  J ,  a  wheelwright, 

has  for  several  years  previous  to  the  1st  of  August  last,  been  so  often  intox- 
icated that  he  had  delirium  tremens,  and  several  times  became  abusive  to 
his  family.     He  was  unable  to  work ;  nelped  by  the  town  to  food  and  fire- 
wood, and  did  no  work  for  the  last  six  months  previous  to  the  1st  of  August 
From  that  day  he  began  to  labor ;  became  cheerful ;  in  a  few  weeks  he  re- 
covered his  strength,  earned  good  wages,  and,  from  a  broken-down  man  and 
a  cripple,  has  become  industrious,  sober,  and  respectable.    He  now  lives  with 
his  family,  who  had  formerly  left  him  from  necessity. 

42.  CURED  AND  RESTORED. — My  neighbor  A is  a  wealthy  farnw, 

has  been  in  the  habit  of  using  strong  drink  for  many  years,  so  that  he  gav% 
up  labor,  became  noisy  and  boisterous,  sick  and  debilitated,  morose  and 
stupid.     The  perfected  Maine  Liquor  Law  of  Connecticut  has  saved  him. 
He  is  now  cheerful  and  happy,  he  labors  daily,  has  recovered  his  health  and 
strength,  and  is  a  comfort  to  his  friends.    He  is  cured  and  restored. 

February  15, 1855. 

PLAINVILLE. 

43.  Population  not  reported  in  the  census. 
118 


CHAP.  HL]  IN  CONNECTICUT.  [SEC.  44-58. 

From  Eev.  JOEL  L.  DICKINSON,  Congregationalism 

44.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

45.  PUBLIC  HEALTH. — There  has  not  been  scarcely  any  sickness  here 
since  the  Maine  Liquor  Law  went  into  effect.    How  much  the  Maine  Liquor 
Law  has  had  to  do  with  it  I  can  not  say.     Probably  something. 

46.  RECLAIMED  FROM  INTEMPERANCE. — Some  two  or  three  cases  of  re- 
clamation from  intemperance  have  come  within  the  scope  of  my  own  observ- 
ation as  the  result  of  said  law. 

47.  THE  SABBATH. — I  should  say  that  Sabbath  observance  has  increased 
very  perceptibly. 

48.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  al- 
most universally  in  favor  of  the  Maine  Liquor  Law. 

49.  ORDER  AND  QUIETNESS. — There  is  a  very  great  change  for  the  bet- 
ter since  the  Maine  Liquor  Law  went  into  operation,  as  it  respects  goal 
order  and  quietness  in  the  village,  especially  in  the  evening.     Before,  night 
was  often  made  hideous  by  the  yells  of  drunken  rowdies.     Now  nothing  of 
the  kind  is  heard.     Stillness  reigns  without,  and  sober  citizens  can  rest  un- 
disturbed.    This  change  was  perceptible  the  very  first  night  after  the  law 
went  into  operation. 

50.  A  TREE  is  KNOWN  BY  ITS  FRUIT. — In  a  word,  the  law  works  ad- 
mirably !    The  fruit  of  it  is  good,  and  only  good.     While  it  infringes  upon 
the  just  and  lawful  rights  of  no  one,  it  protects  the  rights  of  those  who  have 
long  been  a  prey  to  the  rumseller. 

51.  THE  GREATEST  EARTHLY  BLESSING. — If  every  State  in  the  Union 
would  adopt  the  Maine  Liquor  Law,  it  would  be  the  greatest  earthly  bless- 
ing that  could  be  conferred  upon  our  country. 

January  8, 1856. 

SIMSBURY 

52.  Population  2,737. 

From  Kev.  SAMUEL  T.  KICHARDS,  Congregatioualist. 
58.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

54.  ASSAULTS,  ETC. — There  have  been  none  of  those  assaults,  etc.,  so 
common  from  the  use  of  rum,  since  the  Maine  Liquor  Law  came  into  effect. 

55.  RECLAIMED  FROM  INTEMPERANCE. — There  have  been  half  a  dozen 
cases  of  reclamation  from  intemperance  as  a  result  of  said  law  within  the 
circle  of  my  own  personal  observation — not  from  principle,  of  course,  but 
because  they  can  not  get  rum. 

56.  TRADE. — Many  now  spend  money  for  useful  articles  which,  had  it 
not  been  for  this  law,  they  undoubtedly  would  have  spent  for  rum. 

57.  No  PROSECUTIONS. — We  have  had  no  prosecutions  under  the  Maine 
Liquor  Law,  from  the  fact  that  nobody  has  dared  to  openly  sell. 

58.  ILLEGAL  SALE  OF  LIQUOR.— We  presume  liquor  is  sold  in  our  town, 
but  it  is  very  recently,  if  at  all. 

H9 


CHAP.  HI.]  RESULTS  OF  PROHIBITION  [SEC.  59-72. 

59.  "  RUMSELLING  HOLED." — It  is  a  great  gain  to  have  rumselling  holed, 
literally  driven  below  ground,  and  when  there,  practiced,  never  to  the  ex- 
tent of  sending  men  forth  from  these  lower  regions  drunk. 

60.  THE  VALUE  OF  THE  MAINE  LIQUOR  LAW. — The  law  is  worth  some- 
thing if  it  never  does  more  than  this.    It  does  more,  however. 

61.  PUBLIC  OPINION-.— As  to  public  opinion  I  can  say  it  is  all  one  way, 
We  are  in  our  town  strongly  Anti-Maine  Liquor  Law. 

62.  DISTILLERIES. — We  have  one  of  the  largest  gin- distilleries  in  the  State, 
and  numerous  cider-brandy  distilleries.    But  all  admit  there  has  been  a 
wonderful  change  for  the  better. 

63.  A  NERVOUS  DISTILLER. — A  distiller  admitted  to  me  the  other  day 
that  the  law  certainly  had  done  wonderful  things  for  the  "gutter  drunk- 
ards," as  he  termed  them.    He  only  contended  that  all  the  good  might  have 
been  gained  without  disturbing  his  nerves  (they  are  in  his  pocket,  you  know) 
quite  so  severely.     And  this  is  the  universal  tone  of  the  opponents  of  the 
law.     They  admit  its  good  effects,  but  say  that  all  these  blessings  might 
nave  been  gained  without  so  much  stringency.     How,  they  do  not  bring  to 
light.    They  keep  it  to  themselves,  on  the  principle  that  it  is  useless  to  "  cast 
pearls,"  etc.    I  suppose  they  would  not  be  appreciated  by  the  "  fanatics." 

January  8, 1855. 

SOUTHINGTON. 

64.  Population  2,135. 

From  Ber.  E.  C.  JONBS,  Eighteen  Years  Pastor  of  Congregationalist  ChurcV- 

65.  PERIOD  or  ENFORCEMENT. — Since  August  Ist4  1854. 

66.  CRIME. — I  have  heard  of  no  prosecutions  for  crime  among  us,  except 
for  violations  of  the  Maine  Liquor  Law  itself,  since  its  enforcement 

67.  PUBLIC  HEALTH. — There  has  never  been  a  season  of  more  general 
health  among  us  since  my  connection  with  this  place  (a  period  of  eighteen 
years)  than  now. 

68.  RECLAIMED  FROM  INTEMPERANCE. — Almost  all  who  were  before 
intemperate  are  now  reclaimed,  and  a  great  impiovement  is  noticed  in  every 
Buch  case. 

69.  THE  SABBATH. — I  think  Sabbath  observance  has  been  increased, 
and  especially  there  has  been  more  quiet  on  the  evening  preceding  and  fol- 
lowing the  Sabbath. 

70.  PUBLIC  OPINION. — The  general  opinion  and  feeling  of  respectable 
citizens  is  in  favor  of  the  Maine  Liquor  Law. 

71.  CONVERTS  TO  THE  MAINE  LIQUOR  LAW. — Many  who  at  first  op- 
posed it  are  now,  on  seeing  its  beneficial  results,  beginning  to  approve  and 
advocate  it.     Even  those  who  were  intemperate  are  now  in  favor  of  the  law. 

72.  FAMILIES  PROVIDED  FOR. — In  a  number  of  instances,  husbands  and 
fathers  who  were  idle,  quarrelsome,  and  boisterous,  doing  nothing  for  the 
support  of  their  families,  are  now  sober,  quiet,  and  industrious,  and  provide 
for  those  dependent  upon  them  in  a  way  they  have  not  done  before  for  years. 

120 


CHAP,  m.]  IN  CONNECTICUT.  [SEC.  73-87. 

73.  ENFORCEMENT  OF  THE  MAINE  LIQUOR  LAW. — The  law  has  been 
promptly  and  steadily  enforced  here,  and  with  much  less  resistance  than 
was  anticipated;  and  this  has  been  the  experience,  I  believe,  throughout 
the  State. 

74.  THE  CONNECTICUT  LIQUOR  LAW. — The  Connecticut  Law  has  been, 
I  think,  for  the  most  part,  admirably  framed  to  meet  the  exigencies  of  the 
case. 

January  8,  1855. 

SUFFIELD. 

75.  Population  2,962. 

From  Kev.  DANIEL  HEMANWAY,  Congregationalist. 

76.  GENERAL    BENEFITS    OF  THE   MAINE  LIQUOR  LAW.— I  can,  in 
general  terms,  certify  to  the  beneficial  effects  of  the  law  in  this  town  and  in 
this  State. 

77.  ACQUIESCENCE. — The  Maine  Liquor  Law  is  acquiesced  in  much  more 
cheerfully  than  was  anticipated  by  its  most  sanguine  friends. 

78.  OPPOSITION. — There  is  opposition,  but  this  is  manifested  mostly  in  an 
indirect  manner. 

79.  No  LEGAL  SALE  OF  LIQUOR. — There  is  no  place  in  this  town  where 
liquor  can  be  obtained  for  any  purpose,  unless  in  violation  of  the  Maine 
Liquor  Law. 

80.  CLANDESTINE  SALE. — I  hear  there  are  two  low  houses  where  liquor 
is  sold  clandestinely,  and  as  yet  I  do  not  learn  that  any  measures  are  taken 
to  bring  the  offenders  to  justice. 

81.  INTEMPERANCE    DIMINISHED. — There  is  in  this  town  an  obvious 
diminution  of  intemperance.     I  have  not  seen  a  person  under  the  influence 
of  liquor  since  the  law  went  into  operation  on  the  1st  of  August.    Previous 
to  that  time  it  was  not  an  unfrequent  occurrence  to  see  persons  pass  my 
dwelling  intoxicated. 

February  3,  1855. 

WEST    HARTFORD. 

82.  Population  4,411. 

From  Kev.  MTEON  N.  MOERIS,  Congregationalist 

83.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

84.  LESS  DRINKING. — There  is  manifestly  less  drinking. 

85.  THE  SABBATH. — There  is  less  riding,  and  our  streets  are  more  quiet 
on  the  Sabbath — the  result  in  part,  at  least,  of  the  Maine  Liquor  Law. 

86.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly in  favor  of  the  Maine  Liquor  Law. 

87.  THE  SALE  OF  LIQUOR  PROHIBITED. — I  am  not  aware  that  any  in- 
toxicating drinks  are  now  sold  in  the  town. 

December  28,  1854. 

6  121 


CHAP,  IV.]  RESULTS   OF  PROHIBITION  [SEC.  1-7. 


In  my  judgment  the  law  has  been  fully  operative  and  beneficial. — GOVERNOR  DCTTON. 

LITCHFIELD   COUNTY. 

The  tree  known  by  its  fruit — Population. 

CANAAN. — Population — From  Eev.  L.  B.  HABT  : — Period  of  enforcement — Sale  of  liquor 
discontinued. 

FALLS  TILLAGE. — Population — From  Eev.  J.  HIBAM  CHAMPION  : — Period  of  enforcement — 
Crime — Public  health — Reclaimed  and  improved  characters — The  Sabbath — Attendance 
at  church — Ex-rumsellers  becoming  industrious. 

LITOHTIELD  — Population — Birthplace  of  Eev.  JOHN  PIEBPONT  and  Eev.  HENET 

WARD  BEECHEE — From  Eev.  DANIEL  E.  BEOWN  : — Period  of  enforcement — Crime — Pub- 
lic health— Eeclaimed  from  intemperance — Trade — Public  opinion — Preparation  for  the 
Maine  Liquor  Law — The  public  peace — No  drunkard  in  the  streets — "  His  mischief  shall 
return  upon  his  own  head." — From  Eev.  DAVID  L.  PAEMELEE — Crime — The  last  effects 
of  liquor — Public  health — Trade  and  industry — Public  opinion — No  appearance  of  intem- 
perance— Improvement  in  dress,  etc. 

NOEFOLK. — Population — From  Eev.  L.  B.  HABT: — Period  of  enforcement — A  Maine 
Liquor  Law  town — Public  opinion. — From  the  Norfolk  Examiner : — A  woman's  blessing 
for  the  Maine  Liquor  Law. 

1.  THE  diminution  of  crime,  the  improvement  in  public  health, 
the  peacefulness  of  the  public  streets,  and  numerous  other  im- 
provements, are  now  enjoyed  in  Litchfield  County,  bespeaking 
with  unerring  certainty  that  the  Prohibitory  Law  is  well  enforced 
in  that  county.     These  are  the  fruits  by  which  the  tree  is  known 
everywhere. 

2.  Population  45,253. 

CANAAN. 

3.  Population  2,627. 

From  Eev.  L.  B.  HAET,  of  North  Norfolk. 

4.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

5.  SALE  OF  LIQUOR  DISCONTINUED. — There  was  much  liquor  sold  in  this 
town  previous  to  the  1st  of  August  last,  all  of  which  is  now  discontinued  as 
far  as  my  knowledge  extends. 

February  8, 1855. 

FALLS    VILLAGE. 

6.  Population  not  reported  in  census  returns. 

From  Eev.  J.  HIBAM  CHAMPION,  Methodist  Episcopalian. 
7.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854 
122 


REV.  JOHN  PIERPONT 


CHAP.  IV.  IN   CONNECTICUT.  [SKC.  8-15. 

8.  CRIME. — The  diminution  of  crime  here  has  been  more  than  five  hun- 
dred per  cent,  in  consequence  of  the  Maine  Liquor  Law. 

9.  PUBLIC  HEALTH. — The  delirium  tremens,  which  I  regard  as  the  worst 
kind  of  insanity,  was  formerly  prevalent,  the  cases  being  frequent,  but  now 
there  are  no  such  cases. 

10.  RECLAIMED  AND  IMPROVED  CHARACTERS. — I  know  of  two  decided 
reclamations  from  intemperance,  and  more  than  a  score  of  persons  who  are 
improved  five  hundred  per  cent,  by  not  being  able  to  get  the  poison. 

11.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased  in  a 
manifold  degree. 

12.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  been 
increased  by  a  few  persons  who  were  formerly  frequenters  of  our  saloons. 

13.  EX-RUMSELLERS  BECOMING  INDUSTRIOUS. — We  have  near  us  a  little 
hamlet  where  there  were  a  number  of  groggeries ;  and  though  there  was  no 
need  of  a  single  public  house  in  that  vicinity,  the  proprietors  of  these  places 
lived  comfortably  by  selling  the  poison  to  the  neighbors  and  the  hands  of  two 
furnaces  near  by.     The  law  cut  off  their  profits  and  set  them  to  looking  out 
for  some  other  way  to  get  their  bread.     One  of  them,  who  was  formerly  a 
mason,  but  had  not  done  a  day's  work  in  some  years,  was  glad  to  solicit  a 
job  in  stone-laying,  and  the  others  are  most  of  them  now  getting  their  living 
honestly,  and  the  character  and  condition  of  the  neighborhood  is  so  changed 
that  it  does  not  appear  the  same.    The  change  is  noticed  and  spoken  of  by 
all  who  are  acquainted  with  the  place. 

February  3, 1855. 

LITCHFIELD. 

14.  Population  3,953. 

15.  Litchfield  has  the  honor  of  being  the  birthplace  of  the 
temperance  poet,  the  Rev.  JOHN  PIERPONT,  who  was   born    in 
1785.     He  has  distinguished  himself  as  the  zealous  and  talented 
advocate   of  temperance,   anti-slavery,  melioration  of  prisoners, 
amendment  of  the  militia  system,  and  other  benevolent  enter- 
prises.    He  has  greatly  aided  in  making  the  principles  of  tem- 
perance known  and  respected,  having  labored  with  the  spirit  of 
an  apostle  at  a  time  when  the  current  of  public  opinion  was  on 
the  opposite  side.     He  well  deserves  to  be  recorded  as  one  of 
the  most  prominent  of  the  moral  "  revolutionary"  soldiers  of  the 
present  century.     His  writings  in  prose  and  poetry  rank  high  in 
literature,  and  when  they  are  recited  with  all  the  fire  and  energy 
of  his  nature,  they  never  fail  to  delight  and  deeply  affect  an  au- 
dience in  any  part  of  the  country. 

123 


CHAP.  IV.]  RESULTS  OF  PROHIBITION  [SEC.  16,  17 

16.  This  city  has  also  the  honor  of  being  the  birthplace  of  the 
Rev.  HENRY  WARD  BEECHER.  Born  in  1813,  he,  at  the  age  of 
seventeen,  became  a  member  of  Amherst  College,  where,  how- 
ever, he  did  not  appear  to  make  very  rapid  progress.  He  after- 
ward spent  three  years  at  Lane  Seminary,  Cincinnati,  Ohio  ;  was 
ordained  minister  of  a  Congregational  Church  at  Lawrenceburg, 
Indiana,  in  June,  1837.  In  1839  he  was  called  to  labor  at  In- 
dianapolis. In  the  fall  of  1847  he  received  an  invitation  to 
preach  at  Plymouth  Church,  Brooklyn,  N.  Y.,  where  he  still 
utters  the  deep  and  practical  convictions  of  his  heart  and  the  in- 
spiration of  a  noble  soul  to  a  congregation  unequaled  in  numbers 
and  intelligence  by  any  in  the  country.  His  influence  has  ever 
been  on  the  side  of  temperance,  being  "  the  worthy  son  of  a 
worthy  sire."*  His  views  on  the  Maine  Liquor  Law  are  often 
expressed  in  the  Independent  as  well  as  in  the  pulpit  and  on  the 
platform.  The  following  extract  from  a  recent  article  is  a  fair 
specimen  of  the  enthusiasm  and  earnestness  with  which  he  ad- 
vocates this  cause : 

17.  Although  we  do  not  mean  to  tell  the  Legislature  of  New  York  what 
they  shall  do,  we  mean  to  tell  them  what  we  are  determined  to  do.  Among 
other  things,  these :  1.  We  do  not  mean  to  elect  men  under  pledges  to 
enact  a  Maine  Law,  and  to  forget  them  if  they  shall  betray  their  pledge 
under  crafty  appearance  of  complying  with  it.  2.  When  these  men  re-ap- 
pear before  the  people  to  ask  again  for  office,  the  people  intend  to  be  present 
and  to  have  respect  to  their  case.  3.  We  do  not  mean  to  accept  for  our 
champion,  nor  to  go  into  battle  with  liquor  dealers  with  a  broken-backed 
law,  which  not  only  gives  us  no  aid,  but  is,  itself,  a  miserable  cripple  hob- 
bling on  crutches.  4.  We  do  not  mean  to  give  over,  unto  the  end  of  life,  our 
determination  to  exterminate  the  traffic  in  intoxicating  beverages.  Defeated 
we  have  often  been,  and  we  have  grown  strong  upon  every  defeat.  Defeat 
is  good  food  for  resolute  men.  We  have  set  our  faces  and  our  hearts  as  a  flint, 
that  we  will  have  a  fair  experiment  of  what  can  be  done  for  public  virtue 
and  thrift,  by  cleansing  those  iniquitous  holes  wherein  our  vices  and  crimes 
have  so  long  hatched  and  swarmed.  And  if  in  this  conflict  it  shall  be  found 
that  the  Maine  Law  will  sweep  away  brandy  from  our  mince  pies,  and  alco- 
hol from  our  brasses,  and  leave  our  domestic  economy  and  cookery  a  little 
poorer,  why,  great  as  is  our  sense  of  the  value  to  the  State,  of  brandy  sauce 
for  pudding,  and  brandied  peaches,  and  of  mince  pies,  we  shall  make  a 
heroic  struggle,  and  for  the  sake  of  public  morals  and  private  virtue  we 

*  Kev.  LYMAN  BEECHES,  SBC.  18,  CHAP.  VI. 
124 


CHAP.  IV.]  IN  CONNECTICUT.  [SEC.  18-30. 

shall  compel  ourselves  to  let  these  darling  indulgences  go !    At  any  rate,  we 
mean  to  have  a  Maine  Law  with  a  cutting  edge  to  it. 

From  Eev.  DANIEL  E.  BROWN,  Episcopalian. 

18.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

19.  CRIME. — Crime  has  diminished  at  least  fifty  per  cent. 

20.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  im- 
proved. 

21.  RECLAIMED  FROM  INTEMPERANCE. — The  cases  of  reclamation  from 
intemperance  are  numerous,  but  from  their  reformation  being  compulsory, 
it  is  to  be  feared  that  should  the  prohibition  be  taken  off,  many  of  them 
would  relapse  again  by  returning  to  their  cups. 

22.  TRADE. — There  has  been  a  marked  increase  of  demands  for  the  neces- 
saries of  life,  with  increased  means  to  purchase  them. 

23.  DOMESTIC  COMFORT.— There  is  consequently  increased  comfort  and 
happiness  in  families. 

24.  THE  SABBATH. — A  very  marked  reformation  in  the  observance  of  the 
Sabbath  has  been  the  consequence  of  the  Maine  Liquor  Law. 

25.  PUBLIC  OPINION. — There  is  a  very  strong  and  general  feeling  in  favor 
of  the  Maine  Liquor  Law  among  our  citizens. 

26.  PREPARATION  FOR  THE  MAINE  LIQUOR  LAW. — When  the  act  had 
passed,  and  the  community  found  that  it  would  go  into  operation,  most  of 
the  drinking  men  laid  by  them  in  store,  as  they  were  able,  a  future  supply, 
and  this  to  some  extent  has  enabled  drinking  men  to  obtain  it.    But  as  that 
supply  became  exhausted,  the  ingenuity  of  men  has  been  put  to  the  rack  to 
invent  means  by  which  to  obtain  it,  and  there  is  no  end  to  the  stratagems 
made  use  of. 

27.  PUBLIC  PEACE. — But  still  the  law  works  well;  the  peace  and  order 
of  the  community  is  now  undisturbed. 

28.  No  DRUNKENNESS  IN  THE  STREETS. — I  have  not  seen  a  man  drunk 
in  the  streets  (which  was  formerly  of  daily  occurrence)  for  three  months 
past. 

29.  "  His  MISCHIEF  SHALL  RETURN  UPON  His  OWN  HEAD." — A  policy 
made  use  of  by  the  opponents  of  the  law  at  first  was  to  cramp  it  in  every 
shape,  and  to  enforce  its  measures  in  as  stringent  a  manner  as  possible,  and 
by  its  arbitrary  enforcement  to  render  it  so  odious  to  the  community  as  to 
raise  a  feeling  against  it  which  would  insure  its  being  put  down.     But  in 
this  they  signally  failed,  and  after  trying  the  question  in  two  special  town 
meetings  called  for  the  purpose,  they  found  themselves  in  so  small  a  minority 
that  they  are  now  very  quiet,  and  the  law  is  left  to  take  its  legitimate  and 
undisturbed  course. 

December  21, 1854. 

From  Kev.  DAVID  L.  PABMELI;E,  Congregationalist. 

30.  CRIME.— I  have  not  known  of  any  crime  within  the  limits  of  South 

125 


CHAP.  IV.]  RESULTS  OF  PROHIBITION  J.SEC.  31-41. 

Farms  [which  constitutes  the  southern  part  of  Litchfield]  since  the  law  came 
into  operation. 

31.  THE  LAST  EFFECTS  OF  LIQUOR. — The  only  criminal  prosecution  with- 
in the  limits  of  Litchfield  since  that  time  was  one  for  the  murder  of  one  fe 
male  pauper  by  another  in  the  alms-house.     The  woman  was  acquitted  on 
the  ground  of  insanity,  and  is  now  confined  as  an  insane  person.     She  was 
formerly  intemperate. 

32.  PUBLIC  HEALTH. — We  have  been  almost  entirely  exempt  from  fevers 
during  the  last  year,  and  there  are  no  new  cases  of  insanity.    We  are  an 
agricultural  community. 

33.  TRADE  AND  INDUSTRY. — Some  who  were  formerly  intemperate  have 
been  more  industrious,  and  their  means  to  purchase  necessaries  and  comforts 
have  increased. 

34.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  in 
favor  of  the  Maine  Liquor  Law 

35.  No  APPEARANCE  OF  INTEMPERANCE. — I  have  seen  no  case  of  de- 
cided intoxication  in  our  limits  since  the  law  went  into  operation. 

36.  IMPROVEMENT  IN  DRESS,  ETC. — In  dress  and  general  appearance 
aome  who  were  intemperate  have  decidedly  improved. 

January  2, 1855. 

NORFOLK. 

37.  Population  1,643. 

From  Eev.  L.  B.  HABT. 

38.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

39.  A  MAINE  LIQUOR  LAW  TOWN. — This  town  has  been  for  years  prao- 
tically  a  Maine  Liquor  Law  town,  the  authorities  having  acted  upon  the 
principle  of  prohibition ;  consequently  we  do  not  -see  the  effects  of  the  en- 
forcement of  the  law  as  in  the  neighboring  town  of  Canaan. 

40.  PUBLIC  OPINION. — The  general  opinion  and  feeling  of  our  citizens  is 
more  favorable  to  the  Maine  Liquor  Law  than  when  it  was  enacted. 

February  8, 1855. 

From  the  Norwich  Examiner. 

41.  A  WOMAN'S  BLESSING  FOR  THE  MAINE  LIQUOR  LAW. — Mr.  Ed- 
itor :  I  want — I  must  tell  you  my  thoughts.    My  heart  is  running  over  with 
happiness,  and  my  soul  goeth  forth  in  praise  toward  Him  who  hath  blessed 
me  and  all  the  State  with  me.     Blessed  be  God  for  the  Maine  Law.    My 
husband — be  still  my  heart,  while  I  tell  the  glad  tidings — he  who  so  often 
returned  to  me  with — in  place  of  his  own  kind  heart — the  rum  fiend,  and 
has  been  so  harsh,  so  cruel,  is  himself!    And  now  he's  kind  and  affection- 
ate ;  we  have  all  we  desire,  and  happiness,  full,  complete,  is  all  our  own. 
Again  let  me  say,  blessings  on  the  Maine  Law,  the  true  friend  of  the  poor. 
If  all  who  have  suffered  from  rum  in  this  State  might  speak,  what  a  shout 
of  joy  and  thanksgiving  would  go  up  to  the  glad  blue  sky !  a  cry  right  from 

126 


CHAP.  V  ]  IN  CONNECTICUT  [Sec.  1. 

the  heart,  of  thanks  for  the  blessing  of  God.     You  may  think  that  this  is 
strong  language,  but 

"  Go  feel  what  I  have  felt, 
Go  bear  what  I  have  borne," 

and  see  whether  your  feelings  are  not  altered.— RACHEL. 


I  think  there  can  be  no  controversy  that  the  community  have  been  essentially  benefited  by  the  law.— 
HON.  JUDGE  BOLKELEY. 

MIDDLESEX    COUNTY. 

Good  done  by  the  Prohibitory  Law  acknowledged  by  its  enemies — Population. 

CLINTON. — Population — From  Eev.  A.  E.  DENISON  : — Period  of  enforcement — The  old 
stock  of  liquor — Smuggling— Profanity  and  disorder — Public  health — Eeclaimed  from 
intemperance — Credit — Public  opinion — A  senatorial  convert — Maternal  thankfulness. 

DURHAM. — Population — From  Eev.  GEO.  A.  HUBBELL  : — Period  of  enforcement — Crime — 
Insanity— Public  health— Eeclaimed  from  intemperance— Trade— The  Sabbath— At- 
tendance at  church — Public  opinion — Sustaining  the  Maine  Liquor  Law. 

DURHAM  CENTRE. — From  Eev.  EOBT.  G.  WILLIAMS: — Period  of  enforcement — Bloated 
faces— Attendance  at  church— Public  opinion— Fatal  results  of  evading  the  Maine  Liquor 
Law — Liquor  too  accessible — Town  expenses. 

EAST  HADDAM— Population— From  Eev.  ISAAC  PARSONS  :— Period  of  enforcement— In- 
fluence of  the  Maine  Liquor  Law — Public  health — Eeclaimed  from  intemperance — No 
liquor  sold  publicly — Liquor  otherwise  procured — Opposition  to  the  Maine  Liquor  Law — 
A  veteran  in  the  cause — Eeclaimed  from  intemperance — The  Maine  Liquor  Law  sus- 
tained by  those  who  are  reclaimed— The  coming  election— Elections  once  corrupted  and 
controlled  by  liquor. 

HADDAM. — Population — From  Eev.  JAMES  KILBOUEN  : — Period  of  enforcement — Eeclaimed 
from  intemperance — Attendance  at  church — Public  opinion — Sneaking  after  rum — The 
"Most  Blessed  Thing." 

KILLINGWORTH. — Population — From  Eev.  HIRAM  BELL: — Period  of  enforcement — Sale 
of  liquor  stopped — But  one  instance  of  intoxication — Party  opposition  to  the  Maine 
Liquor  Law— Public  opinion— The  Sabbath. 

MIDDLETOWN. — Population — From  Eev.  J.  L.  DUDLEY  : — Period  of  enforcement — Crime — 
Public  health— Eeclaimed  from  intemperance— Trade— The  Sabbath— Public  opinion- 
Confessions  of  an  opponent — From  Eev.  DAVID  STMON  : — The  Sabbath — Disappearance 
of  drunkenness— Opposition  giving  way — Thirty  dollars  saved  in  one  month. 

WESTFORD. — Population — From  Eev.  AMOS  SNELL  : — Period  of  enforcement — Crime — 
Public  health — The  Sabbath — Town  meetings — Public  opinion — The  public  peace — Ob- 
servance of  the  law.— Physicians,  lawyers,  and  jailers  short  of  employment— Personal 
appearance— Christian  duty. 

1.  THE  county  of  Middlesex  is  no  less  fortunate  than  other 
counties  in  the  successful  enforcement  of  the  Maine  Liquor  Law. 

127 


CHAP.  V.]  RESULTS  OF  PROHIBITION  [SEC.  2-16 

The  improvement  in  the  streets,  in  the  public  assemblies,  and  in 
social  and  domestic  intercourse,  is  so  apparent  that  even  the  bit- 
terest enemies  of  the  law  are  compelled  to  acknowledge  that  it 
"  has  done  some  good." 

2.  Population  27,216. 

CLINTON. 

3.  Population  1,344. 

From  Rev.  A.  E.  DENISON,  Baptist. 

4.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

6.  THE  OLD  STOCK  OF  LIQUOR. — Many  inebriates  laid  in  stock  a  quan- 
tity of  liquor,  so  that  the  happy  effects  of  the  Maine  Liquor  Law  are  but 
partially  felt. 

6.  SMUGGLING. — Liquor  is  also  smuggled  in  from  New  York,  either  by 
railroad  or  by  water. 

7.  PROFANITY  AND  DISORDER. — Notwithstanding  the  above  disadvan- 
tages, I  have  heard  less  profanity  and  disorderly  conversation  in  the 
streets. 

8.  PUBLIC  HEALTH. — There  is  less  sickness  here  than  usual. 

9.  RECLAIMED   FROM  INTEMPERANCE. — I  have  personal  acquaintance 
with  several  men,  heads  of  families,  who,  previous  to  the  enforcement  of  the 
Maine  Liquor  Law,  kept  themselves  filled  with  liquor  almost  all  the  while, 
and  were  occasionally  "  dead  drunk,"  who,  since  that  period,  have  not  been 
known  to  be  the  worse  for  liquor. 

10.  CREDIT. — A  certain  class  of  men,  I  am  told,  pay  their  debts  more 
promptly. 

11.  PUBLIC  OPINION.- — The  general  feeling  of  respectable  citizens  is 
strongly  in  favor  of  the  Maine  Liquor  Law. 

12.  A  SENATORIAL  CONVERT. — One  of  the  senators  in  this  district  who, 
when  the  law  was  passed  in  the  Legislature  voted  against  it,  told  me  a  few 
days  ago  that  he  was  highly  pleased  with  the  operation  of  the  law,  and  that 
it  could  not  now  be  repealed. 

13.  MATERNAL  THANKFULNESS. — An  aged  widow,  who  has  a  son  who 
was  addicted  to  intemperance,  said  to  me  last  week,  "  I  can  not  be  thankful 
enough  for  the  Maine  Liquor  Law."    Such  is  the  language  of  the  reformed 
inebriate's  relatives  everywhere. 

December  27,  1854. 

DURHAM. 

14.  Population  1,026. 

From  Eev.  GBO.  A.  HUBBEM,  Methodist  Episcopalian. 

15.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

16.  CRIME. — There  has  been  no  criminal  prosecution   since  the  en- 
128 


CHAP.  V.]  IN  CONNECTICUT.  [SEC.  17-34. 

forcement  of  the  Maine  Liquor  Law,  and  there  were  but  few  the  previous 
year. 

17.  INSANITY. — There  was  one  case  of  insanity  last  year,  but  there  have 
been  no  cases  since. 

18.  PUBLIC  HEALTH. — The  town  is  very  healthy. 

19.  RECLAIMED  FROM  INTEMPERANCE. — There  are  a  few  cases  of  re- 
clamation from  intemperance  as  a  result  of  the  Maine  Liquor  Law.     There 
were  but  few  drunkards,  and  they  have  all  improved  since  the  Maine  Liquor 
Law  came  into  operation. 

20.  TRADE. — There  has  been  a  decided  increase  in  legitimate  home  trade 
as  a  result  of  the  Maine  Liquor  Law. 

21.  THE  SABBATH.— Sabbath  observance  has  increased. 

22.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  like- 
wise increased  since  the  Maine  Liquor  Law  has  been  enforced. 

23.  PUBLIC  OPINION. — The  people  generally  hold  opinions  favorable  to 
the  Maine  Liquor  Law. 

24.  SUSTAINING  THE  MAINE  LIQUOR  LAW. — We  think  the  Maine  Liquor 
Law  will  be  sustained. 

December  20, 1854. 

DURHAM    CENTRE. 
From  Eev.  EGBERT  G.  WILLIAMS,  Congregationalist 

25.  PERIOD  OF  ENFORCEMENT.— Since  August  1st,  1854. 

26.  BLOATED  FACES.— A  decided  improvement  has  taken  place  here  in 
many  bloated  faces. 

27.  ATTENDANCE  AT  CHURCH.— I  have  seen  at  my  church  one  whom  I 
had  never  seen  there  before,  and  another  who  but  very  seldom  came. 

28.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly and  strongly  in  favor  of  the  law,  but  there  is  a  dislike,  personally, 
to  enforce  it. 

29.  FATAL  RESULT  OF  EVADING  THE  MAINE  LIQUOR  LAW. — A  son- 
in-law  went  to  New  York  soon  after  the  1st  of  August,  procured  fifteen  gal- 
lons of  liquor,  allowed  his  father-in-law  all  he  wished,  and  in  about  six 
weeks  carried  him  to  the  grave. 

30.  LIQUOR  TOO  ACCESSIBLE. — Our  people  can  too  easily  get  the  liquor 
from  New  York  to  allow  much  change  to  be  effected  here. 

31.  TOWN  EXPENSES. — Our  selectmen  say  that  half  our  town  expenses, 
or  $400,  was  formerly  traceable  to  rum. 

Dec&mber  24, 1854. 

EAST    HADDAM. 

32.  Population  2,610. 

From  Rev.  ISAAC  P  ARSONS,  Congregationalist. 

33.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

34.  INFLUENCE  OF  THE  MAINE  LIQUOR  LAW. — Its  influence  is  so  good 
that  it  surpasses  our  most  sanguine  expectations. 

6*  129 


CHAP.  V.]  RESULTS  OP  PROHIBITION  [SEC.  35-49 

35.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  been 
improved. 

36.  RECLAIMED  FROM  INTEMPERANCE. — In  the  four  months  past  I  have 
not  witnessed  a  single  case  of  intoxication. 

37.  No  LIQUOR  SOLD  PUBLICLY. — Our  selectmen  here  being  opposed  to 
the  Maine  Liquor  Law  have  made  no  provision  for  the  sale  for  medicinal 
use.     No  intoxicating  liquor  is  sold  publicly  in  the  town. 

38.  LIQUOR  OTHERWISE  PROCURED. — Some  persons  procure  liquor  from 
out  of  the  State. 

9.  OPPOSITION  TO  THE  MAINE  LIQUOR  LAW. — The  Maine  Liquor  Law 
is  bitterly  opposed  by  some  leading  politicians  and  moderate  drinkers.  A 
mighty  effort  will  be  made  at  the  spring  election  to  effect  a  repeal,  but  f 
think  the  friends  of  the  law  will  prevent  it. 

40.  A  VETERAN  IN  THE  CAUSE.— I  have  ministered  to  this  people  thirty- 
eight  years,  and  in  all  this  time  have  advocated  the  cause  of  temperance. 

41.  RECLAIMED  FROM  INTEMPERANCE. — In  the  short  time  the  law  has 
been  in  operation,  those  who  where  formerly  drunkards  have  greatly  im- 
proved in  industry  and  sobriety 

42.  THE  MAINE  LIQUOR  LAW  SUSTAINED  BY  THOSE  WHO  ARE  RE 
CLAIMED. — I  have  no  doubt  but  some  of  those  who  are  prevented  from  in- 
toxication by  this  law  will  vote  for  it  at  our  next  election. 

43.  THE  COMING  ELECTION. — The  next  State  election  will  be  contested 
in  relation  to  this  law,  and  I  am  sanguine  in  the  expectation  that  in  this 
State  the  friends  of  the  Maine  Liquor  Law  will  be  in  the  majority,  while 
in  this  town  the  majority  will  be  anti-temperance,  I  fear,  as  it  was  at  our 
town  election  in  October. 

44.  ELECTIONS  ONCE  CORRUPTED  AND  CONTROLLED  BY  LIQUOR. — The 
anti-temperance  men  here  have,  in  politics,  in  years  past,  controlled  our 
elections  by  means  of  strong  drink,  and  this  use  of  it  has  been  exceedingly 
corrupting  to  our  State  elections.     I  fondly  hope  this  baneful  influence  will 
cease  to  control  our  elections,  and  that  Connecticut  will  sustain  the  Prohib- 
itory Liquor  Law. 

December  21, 1854. 

HADDAM. 

45.  Population  2,279. 

From  Eev.  JAMES  KILBOUEN,  Congregationalist 
40.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

47.  RECLAIMED  FROM  INTEMPERANCE. — Two  cases  of  reclamation  from 
intemperance  have  come  within  the  circle  of  my  observation  as  a  result  of 
the  Maine  Liquor  Law. 

48.  ATTENDANCE  AT  CHURCH.— One  person  has  become  a  constant  at- 
tendant at  my  church  since  the  enforcement  of  the  Maine  Liquor  Law,  and 
manifestly  owing  thereto.     He  did  not  attend  church  before  at  all. 

49.  PUBLIC  OPINION. — The  general  feeling  of  all  respectable  citizens  is 
130 


CH^P.  V.]  IN  CONNECTICUT.  [Sec.  60-66. 

unanimously  and  heartily  in  favor  of  the  law — more  so  than  before  it 
passed. 

50.  SNEAKING  AFTER  RUM. — Some  persons  go,  or  rather  sneak,  over  to 
the  realms  of  Governor  Seymour  [Long  Island],  after  rum. 

51.  "THE  MOST  BLESSED  THING." — An  excellent  lady,  who  for  many 
years  had  suffered  almost  to  death  from  a  drunken  husband,  said  to  me, 
from  experience,  "  Is  not  the  Maine  Liquor  Law  the  most  blessed  thing  that 
ever  took  place  ?" 

December  21, 1854. 

KILLINGWORTH. 

52.  Population  1,107. 

From  Eev.  HIRAM  BELL,  Congregationalist. 

53.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

54.  SALE  OF  LIQUOR  STOPPED. — There  was  but  one  place  where  liquor 
was  sold,  and  the  sale  was  stopped  there  immediately  after  the  Maine  Liquor 
Law  came  into  operation.    I  do  not  know  that  it  is  now  sold  within  our  limits. 

55.  BUT  ONE  INSTANCE  OF  INTOXICATION. — I  have  heard  of  but  one 
instance  of  intoxication  since  the  law  went  into  operation,  and  the  man  ob- 
tained the  liquor  from  out  of  town. 

56.  PARTY  OPPOSITION  TO  THE  MAINE  LIQUOR  LAW. — A  large  num- 
ber of  the  electors  here  belong  to  the  Democratic  party,  and  oppose  the  law 
merely  on  party  grounds. 

57.  PUBLIC  OPINION. — It  is  my  opinion,  that  if  the  town  could  give  an 
honest  and  impartial  expression  of  their  real  sentiments  in  reference  to 
the  Maine  Liquor  Law,  nearly  every  respectable  man  would  vote  in  favor 
of  it. 

58.  THE  SABBATH. — I  should  think  the  observance  of  the  Sabbath  has 
increased  since  the  Maine  Liquor  Law  went  into  operation. 

January  8, 1855. 

MIDDLETOWN. 

59.  Population  4,230. 

From  Eev.  J.  L.  DTTDLET,  Congregationalist 

60.  PERIOD  OF  ENFORCEMENT.— Since  August  1st,  1854. 

61.  CRIME.— The  decrease  of  crime  is  already  seventy-five  per  cent. 

62.  PUBLIC  HEALTH.— The  general  health  of  the  community  has  im- 
proved. 

63.  RECLAIMED  FROM  INTEMPERANCE. — Several  cases  of  reclamation 
from  intemperance  have  come  within  the  scope  of  my  own  observation. 

64.  TRADE. — I  should  think,  also,  there  has  been  an  increase  in  the  legit- 
imate home  trade  of  the  town. 

65.  THE  SABBATH.— The  observance  of  the  Sabbath  has  decidedly  in- 
creased. 

131 


CHAP.  V.]  RESULTS  OF  PROHIBITION  [SEC.  66-76. 

66.  PUBLIC  OPINION. — The  law  wins  favor  every  day,  even  from  the 
ranks  of  the  opposition. 

December  21,  1854. 

67.  CONFESSIONS  OF  AN  OPPONENT. — The  Middletown  News,  which  has 
hitherto  opposed  the  Prohibitory  Liquor  Law,  in  alluding  to  the  recent 
election  in  that  city,  confesses  that  "  there  was  less  disorder  and  drunken- 
ness than  usual  at  the  close  of  the  day,"  and  adds,  "  whatever  may  be  said 
of  the  Maine  Law,  it  has  been  instrumental  in  effecting  a  considerable  ex- 
ternal change  in  the  habits  of  many — at  least  we  do  not  see  as  many  instan- 
ces of  intoxication  as  formerly." 

From  Kev.  DAVID  SYMON,  Congregationalist. 

68.  THE  SABBATH. — There  has  been  much  less  open  violation  of  the  Sab- 
bath since  the  Maine  Liquor  Law  came  into  effect. 

69.  DISAPPEARANCE  OF  DRUNKENNESS. — No  drunkenness  is  seen  in  the 
streets  in  towns  where  the  Maine  Liquor  Law  is  enforced,  and  every  thing 
is  as  quiet  as  one  could  wish. 

70.  OPPOSITION  GIVING  WAY. — There  is  not  half  so  much  open  opposition 
to  the  Maine  Liquor  Law  now  as  before  it  was  passed.     Many  who  were 
opponents  say  they  can  not  now  oppose  it,  as  it  works  admirably,  and  ought 
to  be  sustained.     Some  who  were  formerly  intemperate  men,  now  rejoice  in 
the  results. 

71.  THIRTY  DOLLARS  SAVED  IN  ONE  MONTH. — One  formerly  very  in- 
temperate man  remarked  one  month  after  the  Maine  Liquor  Law  went  into 
operation,  that  he  had  thirty  dollars  in  cash,  and  that  had  it  not  been  for 
the  law,  he  should  not  have  had  a  cent. 

December  21,  1854. 

WESTFORD. 

72.  Population  1,473. 

From  Kev.  AMOS  SNBLL,  Baptist 

73.  PERIOD  OF  ENFORCEMENT.— Since  August  1st,  1854. 

74.  CRIME. — The  diminution  of  crime  has  been  very  considerable,     I 
have  only  heard  of  one  instance  of  a  man  abusing  his  family  since  the  1st  of 
August,  and  that  was  in  a  neighboring  town,  and  caused  by  rum  purchased 
before  that  time. 

75.  PUBLIC  HEALTH. — We  have  had  but  few  cases  of  fever  in  our  com- 
munity since  that  time,  and  none  of  insanity.     The  health  of  many  persons 
has  essentially  improved. 

76.  THE  SABBATH. — The  observance  of  the  Sabbath  has  improved.    In  a 
neighborhood  about  three  miles  from  my  residence,  a  man  that  was  a  bitter 
opposer  of  the  Maine  Liquor  Law  at  first,  has  since  said  it  operates  nobly 
Many  who  took  a  similar  position  at  first,  have  arrived  at  the  same  conclu- 
sion in  reference  to  the  stillness  and  order  of  the  Sabbath. 

132 


CHAP.  V.]  IN  CONNECTICUT.  [SEC.  77-82 

77.  TOWN  MEETINGS. — A  citizen  of  this  place  says :  "  I  have  attended 
town  meetings  in  this  town  for  fourteen  years,  and  in  every  instance  have 
seen  more  or  less  of  the  voters  intoxicated  previous  to  our  last  October  meet- 
ing, at  which  time  there  was  nothing  of  the  kind  visible  either  in  or  about 
our  town-room."    I  have  not  been  here  myself  so  long,  but  saw  a  marked 
difference  in  the  appearance  of  a  portion  of  our  townsmen  at  our  last  au- 
tumnal meeting  from  that  of  those  at  previous  ones. 

78.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  favor- 
able to  the  Maine  Liquor  Law.     Being  engaged  in  business  for  the  town  at 
the  time  of  the  passage  of  our  Prohibitory  Law,  by  reason  of  which  I  had 
occasion  to  circulate  somewhat  more  among  the  inhabitants,  I  heard  harsh 
anathemas  and  execrations  pronounced  against  our  law-makers  on  account 
of  the  passage  of  the  bill.    Among  other  bad  and  injurious  results  predict- 
ed, it  was  frequently  said  that  drunkenness  would  be  increased — some 
thought  four,  and  some  tenfold.     But  soon  after  the  law  came  into  opera- 
tion such  tempests  of  words  and  blustering  sounds  died  away,  for  drunken- 
ness decreased,  and  has  all  but  vanished. 

79.  THE  PUBLIC  PEACE. — One  who  was  opposed  to  the  Maine  Liquor 
Law  said  to  me  the  other  day,  "  You  can  not  tell  the  difference  in  my  neigh- 
borhood since  your  law  came  in  force  from  what  it  was  previously,  especially 
on  Sunday.     Formerly,  early  on  the  morning  of  the  Sabbath,  discordant 
sounds  disturbed  the  quiet  of  the  day,  and  playing,  loud  talking,  shooting, 
swearing,  and  fighting  were  the  order  of  the  Sabbath ;    but  now  my 
neighborhood  is  as  free  from  such  commotion  as  it  is  around  the  sanc- 
tuary." 

80.  OBSERVANCE  OF  THE  LAW. — But   few  criminal  acts  have  been 
brought  before  the  public  under  this  law — thus  few  prosecutions  and  law- 
suits have  resulted. 

81.  PHYSICIANS,  LAWYERS,  AND  JAILERS  SHORT  OF  EMPLOYMENT. — 
While  the  Maine  Liquor  Law  has  proved  a  very  great  blessing  to  some,  and 
a  benefit  to  all  in  our  community,  a  few  are  prevented  in  part,  or  in  whole, 
obtaining  the  income  of  their  former  employment,  viz.,  physicians  and  law- 
yers, who  have  less  to  do ;  and  a  jail-keeper  in  an  adjoining  county  declares 
he  is  out  of  business  in  his  line,  for  the  jail  is  without  a  tenant.    One  year 
ago  it  had  about  fifty. 

82.  PERSONAL  APPEARANCE. — Some  persons  in  this  place,  whose  faces 
plainly  showed  too  much  intimacy  with  strong  drink  six  months  ago,  are 
essentially  changed  in  their  appearance.     The  fullness  of  the  cheek,  the  soft, 
puffy  appearance  under  the  chin,  and  the  redness  of  the  nose  have  vanished, 
and  probably,  in  some  instances,  the  disposition  is  not  changed ;  the  unnat- 
ural appetite  still  wages  war  against  restraint ;  but  as  strong  drink  can  not 
be  obtained  as  formerly,  they  are  passing  through  this  ordeal  against  their 
will.    But  we  think,  as  appetite  loses  its  hold  by  reason  of  abstinence,  that 
trampled-down  judgment  will  arise  again  in  its  majesty,  ascend  its  throne, 

133 


CHAP.  VI.]  EESULTS   OF   PROHIBITION  [SEC.  1. 

conquer  the  tyrants  of  usurpation,  and  sway  its  peaceful  scepter  over  all  the 
powers  of  the  mind. 

83  CHRISTIAN  DUTY. — If  there  are  those  of  our  fellow-men,  therefore, 
that  are  not  disposed  to  be  quiet,  sober,  and  useful,,  and  we  can  enable  them 
to  become  so  by  the  use  of  means  that  are  consistent  with  strictest  morality 
and  in  agreement  with  our  holy  religion,  then  the  field  is  before  us,  and  our 
duty  is  plain  in  reference  to  the  enforcement  of  a  prohibitory  law. 

February  20, 1855. 


Go  to  Connecticut — glorious  old  Connecticut — that  much-despised  Nutmeg  State.  Where  will  you  find  the 
greater?  Take  Connecticut  and  go  to  New  Haven,  the  City  of  the  Elms,  and  ask  the  keepers  of  the  city 
prison  and  of  the  work-house,  and  what  will  they  tell  you  ?  I  have  got  the  official  statement — here  it  Is. 
"  In  July  last."  the  keeper  of  the  city  prison  said,  "  we  shut  up  fifty  persons  for  crimes  arising  out  of  the 
use  of  intoxicating  drinks.  The  mouth  after  the  passage  of  the  Prohibition  Law  we  put  in  fifteen  only  for 
said  offense."  The  keeper  of  the  work-house  said,  "  We  put  in  seventy-three  In  the  work-house  in  July, 
and  In  August  we  put  in  fifteen  only."  What  becomes,  then,  of  all  the  arguments  of  the  law's  inutility  ? — 
KKV.  THEODORE  L.  CUTLER,  November,  1854. 

NEW  HAVEN   COUNTY. 

Peace,  harmony,  and  religious  quiet  of  New  Haven  County — The  Editor's  testimony— State 

Eeform  School. 
MBRIDEN. — Population — From  Eev.  E.  H.  MAINE: — Period  of  enforcement — Crime— Ee- 

claimed  from  intemperance — Public  opinion — Necessity  of  the  Maine  Liquor  Law — The 

State  Eeform  School — Believing  distress. 
NEW  HAVEN. — Population — Birthplace  of  Eev.  LYMAN  BEKCHER,  D.D. — The  city  prison — 

The  city  work-house— The  city  jail  and  -watch-house.— From  Eev.  LEONARD  BACON,  D.D. 

— Maine  Liquor  Law  friends  increasing — The  Sabbath — Eumsellers  arrested — A  mariner 

in  difficulty — Families  relieved. — From  Eev.  8.  W.  S.  Dutton: — The  prodigal  returned. — 

From  Eev.  EDWARD  STRONG: — Period  of  enforcement— Attendance  at  church — Public 

opinion — Sobriety  and  peace — Public  occasions — Dram-selling  suppressed — Infractions! 

of  the  law — Arrests  and  convictions — Public  opinion. — From  Hon.  HORACE  G-REELEY: — 

New  Haven  Agricultural  Fair. 
YALE  COLLEGE.— Number  of  Students— From  Professor  SILLIMAN  :— Consumption  of  wine 

in  the  College— Customs  of  society.— From  Professsor  THACKER  :— Effect  of  the  Maine 

Liquor  Law  on  students. — From  Mr.  DWIGHT: — College  government  more  easy.  -From 

Mr.  MATHIESON,  freshman : — Classes  free  from  liquors. 

1.  HAVING  spent  a  few  days  last  fall  in  this  delightful  and  ro- 
mantic county,  we   can  bear  personal  testimony  to  the  peace, 
harmony,  and  religious  quiet  of  the  inhabitants.     We  did  not  see 
the  slightest  indication  that  intoxicating  liquor  was  accessible  to 
134 


KL-iV.  LYA1AN  BEEfllEK.   l>.  I) 


CHAP.  VI.]  IN   CONNECTICUT.  [ SEC.  2-13 

the  people.  There  were  no  loafers  and  idlers  about,  but  every 
body  seemed  intent  on  their  several  industrial  pursuits.  It  was 
a  hopeful  scene,  contrasting  it,  as  we  naturally  did,  with  the 
drunkenness  and  disorder  of  the  national  Capitol  at  Washington, 
where  "intemperance  is  itself  run  mad  with  excess." 

2.  There   was   one  sight  in  particular  which  did  our  heart 
good,  and  that  was  the  State  Reform  School  at  Meriden,  where 
we  saw  the  excellent  chaplain,  Rev.  R.  H.  MAINE,  holding  in 
perfect  subordination  and  good  order,  by  the  strength  of  his  moral 
influence,  a  large  number  of  boys,  collected  from  the  families  that 
had  been  victimized  by  the  rum  traffic.     Thus  Connecticut  is  not 
only  doing  its  best  to  prevent  drunkenness  in  future,  but  to  edu- 
cate its  unoffending  victims — the  children  of  drunkards — into 
good  and  intelligent  citizens. 

3.  Population  65,588. 

MERIDEN. 

4.  Population  3,559. 

From  Eev.  E.  H.  MAINE,  Baptist,  chaplain  to  the  State  Reform  School. 

5.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

6.  CRIME. — Crime  has  diminished  perhaps  seventy-five  per  cent. 

7.  RECLAIMED  FROM  INTEMPERANCE. — I  have  heard  of  a  number  of 
cases  of  reclamation  from  intemperance  in  consequence  of  the  enforcement 
of  the  Maine  Liquor  Law. 

8.  PUBLIC  OPINION. — The  great  majority  of  respectable  citizens  here  are 
strongly  in  favor  of  the  Maine  Liquor  Law. 

9.  NECESSITY  OF  THE  MAINE  LIQUOR  LAW. — I  am  now,  and  long  have 
been,  fully  convinced  of  the  necessity  of  such  a  law. 

10.  THE  STATE  REFORM  SCHOOL. — We  have  112  boys  in  this  institution, 
a  large  share  of  whom  have  had  intemperate  parents,  and  some  have  been 
intemperate  previous  to  coming  here.     Our  by-laws  forbid  the  use  of  spirit- 
uous liquors  unless  on  the  recommendation  of  a  physician. 

1 1.  RELIEVING  DISTRESS. — So  far  as  I  can  learn,  the  law  works  well  here, 
and  is  doing  wonders  in  relieving  distress  in  many  poor  families. 

January  2, 1855. 

NEW    HAVEN    CITY. 

12.  Population  in  1850,  20,345  ;  in  1853,  23,000. 

13.  Rev.  LYMAN  BEECHER,  D.D.,  father  of  HARRIET  BEECHER 
STOWE,  of  HENRY   WARD   BEECHER,  and  four  other  eminent 
preachers,  was  born  at  New  Haven,  Ct.,  October  12th,   1775. 

135 


CHAP.  VI  ]  RESULTS  OP  PROHIBITION  [SEC.  14-16. 

In  1810  he  received  and  accepted  a  call  from  the  Congregational 
church  at  Litchfield,  Ct.,  where  he  remained  until  1826.  It  was 
here  that  Dr.  BEECHER  first  recommended  total  abstinence  as  a 
remedy  for  intemperance.  As  early  as  1811,  the  association  of 
which  he  was  a  member  appointed  a  committee  to  report  what 
could  be  done  to  stay  the  progress  of  intemperance.  Their  re- 
port was  made,  and  after  lamenting  the  wide-spread  danger,  dis- 
couragingly  said,  that  there  seemed  to  be  no  feasible  remedy. 
Dr.  BEECHER  moved  that  the  committee  be  discharged,  and  that 
another  committee  be  appointed  to  report  immediately  a  remedy 
for  intemperance.  He  was  made  chairman,  and  reported  reso- 
lutions at  on£e,  recommending  to  all  Christians  and  good  men 
the  immediate  and  entire  abandonment  of  intoxicating  drinks. 
This  is  believed  to  have  been  the  first  step  taken  in  this  country  in 
the  history  of  total  abstinence.  The  famous  "  Six  Sermons  upon 
Intemperance"  were  first  written  and  preached  in  Litchfield.  A 
very  dear  friend  of  Dr.  BEECHER  had  become  intemperate.  This 
fact  moved  all  his  affection  and  zeal.  The  six  sermons  were 
born  of  a  heart  full  of  love  and  grief,  and  they  have  been  read 
in  almost  every  language  of  the  civilized  world,  to  the  great  ben- 
efit of  millions  of  mankind. 

14.  THE  CITY  PRISON. — Commitments  for  crimes  arising  from  intemper- 
ance: 

In  July,  1854,  before  the  Maine  Liquor  Law  was  enforced 50 

In  Aug.,    "     after          «  "  "  15 

Difference  in  favor  of  the  law 86 

15.  THE  CITY  WORK-HOUSE. — Commitments  : 

In  July,  1854 73 

InAug.,    "    16 

Difference  in  favor  of  Maine  Liquor  Law 68 

16.  THE  CITY  JAIL  AND  WATCH-HOUSE. — Commitments  for  drunkenness 
and  crimes  arising  therefrom : 

In  July,  1854 123 

InAug.,    "    31 

D  Jference  in  favor  of  Maine  Liquor  Law 92 

136 


CHAP.  VI.]  IN  CONNECTICUT.  [SEC.  17-21 

From  Eev.  LEONARD  BACON,  D.D. 

17.  MAINE  LIQUOR  LAW  FRIENDS  INCREASING. — My  belief  is,  that  the 
law  has  many  more  friends  now  than  it  had  when  it  became  operative.     I 
did  not  take  an  active  part  in  promoting  the  law,  for  I  did  believe  that  our 
people  in  Connecticut  would  not  agree  to  such  a  law,  which  proposed  to  set 
aside  some  of  the  old  English  safeguards,  as  to  a  man's  house  being  his  cas- 
tle, and  so  forth.    I  said  I  did  not  believe  our  people  would  submit  to  it ; 
but  the  result  has  proved  that  I  was  wrong,  and  the  fears  I  entertained 
have  not  been  realized  in  any  one  instance.     So  far  as  I  know,  the  general 
feeling  is  one  of  increased  satisfaction  with  the  law.     It  is  recognized  by  all 
respectable  people — I  mean  by  respectable  people  those  who  make  it  a  point 
to  belong  to  religious  congregations.    Parties  who  stood  aloof  from  the  tem- 
perance reformation  now  give  in  their  adhesion  to  the  Maine  Law.     They 
consider  that  the  question  has  assumed  a  new  form.    It  is  now  no  longer 
simply  a  question  of  temperance,  but  a  governmental  question,  one  of  legis- 
lative foresight  and  morality,  and  therefore  they  wish  to  abide  by  the  law. 

18.  THE  SABBATH. — Our  Sundays  are  much  more  quiet  than  they  were ; 
although  for  many  years  past  our  authorities  have  been  very  rigid  in  en- 
forcing an  external  respect  for  the  Sabbath. 

19.  RUMSELLERS  ARRESTED. — As  to  the  ulterior  purpose  of  the  law — 
the  preventing  intemperance — of  course  it  does  not  entirely  suppress  intem- 
perance.    No  man  in  his  senses  ever  thought  it  would,  in  the  present  state 
of  things.    Liquor  can  be  purchased  in  New  York,  only  three  hours  distant 
from  us,  and  all  who  are  desirous  can  supply  themselves  in  that  way.    But 
whoever  is  found  drunk  is  arrested — without  respect  of  persons — and  if  the 
liquor  which  made  him  drunk  was  purchased  here,  the  vender  is  very  sure 
to  be  convicted  as  soon  as  the  purchaser  is  sober  enough  to  testify. 

20.  A  MARINER  IN  DIFFICULTY. — The  master  of  a  coal  vessel,  who  had 
been  in  the  habit  of  taking  a  little  drop  when  he  got  ashore — discharged  a 
cargo  of  coals  at  the  wharf,  and  having  transacted  his  business  on  shore, 
started  to  go  down  to  his  vessel.   He  dropped  into  one  of  his  old  places ;  they 
told  him  the  danger  of  acceding  to  his  request,  but  gave  him  a  little  grog. 
He  stepped  into  another,  and  after  the  same  remonstrance,  received  an  ad- 
ditional supply.     In  this  way  he  made  some  half  dozen  calls,  thinking  that 
things  were  taking  a  strange  turn  when  a  sailor  was  not  allowed  to  take  a 
little  grog  openly,  when  he  wished  to  pay  for  it.     Unfortunately,  however, 
the  last  drop  was  too  many  for  him ;  and  moving  along  toward  the  wharf 
rather  top-heavy,  he  was  picked  up  by  a  policeman,  for  being  more  than 
half-seas  over.     He  felt,  when  sobered  a  little,  the  awkward  predicament 
into  which  he  had  got,  and  when  taken  before  the  police  justice  frankly  told 
the  names  of  all  the  parties  who  had  given  him  drink ;  and  some  half  dozen 
arrests  and  convictions  were  forthwith  made. 

21    FAMILIES  RELIEVED. — According  to  the  testimony  of  our  city  mis- 

137 


CHAP.  VI.]  RESULTS  OF  PROHIBITION  [Sec.  22-27. 

sionary,  who  has  the  best  opportunity  of  knowing,  families  that  were  suffer- 
ing last  winter  from  destitution,  are  this  winter  provided  with  necessaries, 
notwithstanding  the  "  hard  times,"  because  the  dram-shops  are  no  longer 
open. 
January  9, 1855. 

From  Eev.  8.  W.  S.  BUTTON. 

22.  THE  PRODIGAL  RETURNED. — There  is  in  my  congregation  a  young 
man  of  a  respectable  family,  kind,  pleasant,  and  agreeable,  who  earned 
good  wages  as  a  mechanic — the  only  support  of  a  widowed  mother  and  an 
only  sister — had  got  into  dissipated  habits,  and  for  four  or  five  years  past 
would  have  gone  on  a  drunken  spree  for  weeks  together,  and  was,  conse- 
quently, a  great  source  of  affliction  to  his  friends.    Reasoning  and  remon- 
strance were  in  vain.     But  the  law  came  to  his  aid.    The  temptation  was 
removed,  and  he  has  since  done  well.    He  has  recently  purchased  a  small 
house  for  his  mother  and  sister,  and  furnished  it  comfortably.     He  is  a  reg- 
ular attender  at  church,  and  expresses  very  feelingly  his  gratification  at  the 
enforcement  of  the  law. 

February  9,  1855. 

From  Eev.  EDWABD  STEONG,  Congregationalist. 

23.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

24.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  ap- 
parently increased,  and  to  a  considerable  extent. 

25.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  that 
of  decided  approval  of  the  Maine  Liquor  Law. 

26.  SOBRIETY  AND  PEACE. — Before  our  Prohibitory  Law  went  into  op 
eration,  to  meet  a  man  in  a  state  of  intoxication  was  a  matter  of  almost 
daily  occurrence.     To  hear  the  midnight  uproar  of  drunken  revelers,  sing- 
ing and  howling  along  the  streets,  scarcely  attracted  attention  from  its  com- 
monness.    To  have  a  gala-day  or  festival  of  any  kind  in  the  city  without 
numerous  -shameful  spectacles  of  beastly  drunkenness,  was  undreamed  of 
and  unknown.     The  law  has  now  been  in  force  with  us  for  a  period  of  be- 
tween five  and  six  months ;  it  has  been  faithfully  executed.     The  result  and 
the  change  from  the  deplorable  state  of  things  above  indicated  are  truly 
wonderful.    The  law  has  done  all  that  its  most  devoted  advocates  antici- 
pated, and,  in  my  judgment,  even  more.    For  myself,  although  I  have  been 
from  one  end  of  the  city  to  the  other  every  day — quite  as  much  certainly  as 
formerly — I  have  not  seen  a  solitary  case  of  intoxication  since  our  law  went 
into  operation,  nor  heard  the  uproar  of  nightly  carousers,  heretofore  so  com- 
mon. 

27.  PUBLIC  OCCASIONS. — Even  on  the  public  occasions  which  have  tran- 
spired during  this  period — our  State  Fair,  held  in  this  city  in  October,  for 
example — an  occasion  which  drew  together  from  all  parts  of  the  State  the 
largest  crowd  I  have  ever  seen  in  New  Haven,  I  can  not  learn  that  a  single 
intoxicated  person  was  seen  in  the  streets. 

138 


CHAP.  VI.]  IN   CONNECTICUT.  [SEC.  28  -36. 

28.  DRAM-SELLING  SUPPRESSED. — Dram-selling  among  us  has  been  al- 
most entirely  suppressed. 

29.  INFRACTION'S  OF  THE  LAW. — Probably  there  are  in  some  few  instan- 
ces infractions  of  the  law. 

30.  ARRESTS  AND  CONVICTIONS. — There  have  been  some  arrests  and  con- 
victions for  violating  the  law. 

31.  PUBLIC  OPINION. — There  is,  I  think,  a  sentiment  of  high  gratification 
and  growing  approval  of  the  prohibitory  statute  throughout  the  community, 
and  we  hope  that  every  other  State  will  follow  us  in  this  legislative  and  so- 
cial reform. 

January  10,  1855. 

From  HORACE  GREELEY. 

32.  NEW  HAVEN  AGRICULTURAL  FAIR. — There  was  a  meeting  of  20,000 
people  the  other  day  at  the  New  Haven  Agricultural  Fair,  and  there  was 
not  a  man  upon  the  ground  manifesting  signs  of  intoxication  among  that 
great  multitude.    When  was  this  ever  the  case  under  the  old  law  ?    Never 

November,  1854. 

YALE    COLLEGE.* 

33.  Number  of  students  400. 

From  Professor  SILLIMAN. 

34.  CONSUMPTION  OF  WINE  IN  THE  COLLEGE. — My  impression  is  that 
the  law  has  worked  very  favorably.     I  am  not  now  in  the  college,  and  can 
not  say  so  much  from  actual  experience  there,  but  I  have  heard  several  of 
the  students  speak  of  the  law  as  having  produced  a  very  decidedly  good 
effect  upon  the  students  generally.     Not  a  quart  of  wine  or  liquor  is  drunk 
now,  where  before  gallons  were  used.     I  am  decidedly  of  opinion  that  it  has 
produced  a  very  marked  change  in  the  college. 

35.  CUSTOMS  OF  SOCIETY. — It  has  also  produced  a  great  change  in  the 
general  customs  of  society.    My  wife  has  been  in  the  habit  of  visiting  among 
the  poor,  and  in  houses  where  before  she  used  to  find  misery  and  vice,  she 
now  finds  happiness  and  comfort. 

February  10,  1855. 

From  Professor  TUACHEB. 

36.  EFFECT  OF  THE  MAINE  LIQUOR  LAW  ON  STUDENTS. — I  am  con- 
vinced that  the  law  has  made  a  very  great  difference  among  our  students. 
Formerly  some  of  them  used  to  drink  so  as  to  be  affected  by  it.     They  got 
the  liquors  at  the  medical  halls,  nicely  labeled  as  cordials,  and  kept  it  in 
their  own  rooms.     Such  a  thing  is  now  entirely  unknown.     We  have  had  no 
case  of  intemperance  in  the  college  since  the  law  passed,  that  I  know  of.    It 
was  whispered  about  that  the  chief  of  police  had  escorted  two  young  gentle- 
men to  their  lodgings  recently,  who,  but  for  his  kindness,  might  have  been 
arrested.     It  is  believed  that  he  has  frequently  made  himself  serviceable  in 

*  From  The  Maine  Law  Illustrated. 

139 


CHAP.  VH.]  RESULTS  OF  PROHIBITION  [SEC.  37,  38. 

this  way.  But  we  have  no  outward  indications  now  among  the  students  that 
drink  is  used.  There  is  none  of  that  noise  and  uproar  among  them  that 
used  to  be.  The  only  objection  we  can  have  to  the  law  is,  that  it  does  not 
stretch  far  enough.  Persons  can  send  to  New  York  for  a  basket  of  cham- 
pagne, and  get  it  delivered  at  their  houses  without  any  difficulty.  It  has 
been  reported  that  some  of  the  students  have  done  this,  but  I  have  seen  no 
instance  of  it  myself. 
February  10, 1855. 

From  Mr.  DWIGHT,  Eesident  Tutor. 

37.  COLLEGE  GOVERNMENT  MORE  EASY. — The  results  of  the  law  have 
been  much  more  favorable  on  the  institution  than  I  had  any  idea  they  possi- 
bly could  be.     The  law  has  made  a  very  decided  difference  in  the  college.    I 
have  no  doubt  there  is  some  drinking  still,  but  it  must  be  greatly  dimin- 
ished, for  its  outside  developments  are  entirely  done  away.    I  live  in  the 
college,  and  have  an  opportunity  of  seeing  what  goes  on,  and  I  am  satisfied 
that  college  government  is  now  much  more  easy  than  it  was  before  the  ope- 
rations of  the  Maine  Law. 

February  10,  1855. 

From  Mr.  MATHIESON,  Freshman. 

38.  CLASSES  FREE  FROM  LIQUORS. — All  our  classes  are  free  from  the 
use  of  liquors.     I  think  if  they  were  inclined  to  intemperance  I  should  have 
heard  of  it.     There  are  no  places  about  college  that  I  know  of  where  liquor 
of  any  sort  can  be  got. 

February  10,  1856. 


Copter 


Is  there  any  honesty  with  those  who  say  they  do  not  believe  the  Maine  Llqnor  Law  can  be  enforced, 
when  yet  the  facts  say  that  it  is  enforced  ?  Is  there  any  man  who  will  say  this  law  will  make  more  drunk- 
ards, when  within  two  hours'  ride  from  us  he  will  find  that  it  is  in  full  force,  and  that  it  has  not  made  any  1 
—HON.  HORACE  GBEELKY,  N.  T.,  November,  1854. 

NEW   LONDON   COUNTY. 

Prohibition  essential  to  the  enjoyment  of  enlightened  civilization.— County  prison— Test- 
imony of  Methodist  Episcopal  preachers— From  Eev.  Mr.  BUSH  :— The  cause  gaining 
ground.— From  Eev.  JOHN  W.  SALTER  :— Prison  cells  to  be  let— From  the  New  Haven 
Temperance  Advocate : — Out  of  business. 

COLCHESTER.— Population— From  Ber.  ERASTTJB  DICKINSON  :— Period  of  enforcement- 
Public  peace — Criminal  prosecutions — Eeclaimed  from  intemperance — Public  opinion. 

MONTVILLE. — Population — From  Eev.  JOHN  W.  SALTER  : — Period  of  enforcement — Reclaim- 
ed from  intemperance — Trade — Attendance  at  church — Dens  of  iniquity  closed. 

NEW  LONDON  CITY  :— Population— From  Eev.  TRTON  EDWARDS,  D.D. :— Period  of  en- 
140 


CHAP.  VH.]  IN  CONNECTICUT.  [SEC.  1-8. 

forcement— Crime— Public  health— Reclaimed  from  intemperance— Improvement  in 
moderate  drinkers— The  Sabbath— Public  opinion— Beneficial  effects  of  the  Maine  Liquor 
Law. 

NORWICH.— Population  — From  Rev.  Mr.  BUSH  :  — Absence  of  drunkards.— From  J.  J. 
WAITS,  Esq. :— Working  of  the  law— Public  opinion. 

PBESTON.— Population— From  Rev.  N.  H.  MATTESON  :— Period  of  enforcement— Thorough 
execution  of  the  law — Crime  and  drunkenness  disappeared — Public  health — All  the 
drunkards  reformed— Repeal  of  the  Maine  Liquor  Law— Sale  of  liquor— Trade— The 
Sabbath — Attendance  at  church — Popularity  of  the  Maine  Liquor  Law. — From  Eev.  8. 
HUNT: — Crime  —  Public  health — Public  tranquillity — Reclaimed  from  intemperance — 
Trade— Condition  of  families  improved— The  Sabbath— Attendance  at  church— Public 
opinion — Beneficial  effects  of  the  Maine  Liquor  Law. 

1.  PROHIBITION   in  New  London  County  has  been  a  most 
complete  triumph.     In  whatever  aspect  its  results  are  viewed, 
they  present  facts  such  as  must  strike  the  conviction  home  to 
every  mind  at  all  free  from  the  trammels  of  mistaken  self-inter- 
est, that  for  a  people  to  enjoy  the  real  blessings  of  enlightened 
civilization,  a  prohibitory  liquor  law,  well  sustained  and  enforced, 
is  of  the  first  importance. 

2.  Population  51,821. 

3.  COUNTY  PRISON. — Commitments  to  the  New  London  Connty  Prison : 

For  August  and  September,  1853 32 

For  August  and  September,  1854 15 

Decrease  under  Maine  Liquor  Law 17 

Showing  a  deduction,  from  the  corresponding  months  of  1853,  in  favor  of 
the  first  two  months  of  prohibition,  of  more  than  one  half. 

4.  TESTIMONY  OF  METHODIST  EPISCOPAL,  PREACHERS. — The  New  Lon- 
don District  Preachers'  Meeting  of  the  M.  E.  Church,  at  its  recent  session, 
unanimously 

Resolved,  That  having  come  together  from  all  parts  of  the  eastern  portion  of  the  State, 
we  most  cheerfully  unite  our  testimony  in  favor  of  the  efficiency  of  our  new  Prohibitory 
Liquor  Law,  and  unanimously  declare  that  its  success  has  been  hitherto  marked  and  tri- 
umphant. 

From  Rev.  Mr.  BUSH. 

5.  THE  CAUSE  GAINING  GROUND. — This  cause  has  been  gaining  ground 
among  us  for  years,  and  having  passed  through  a  great  moral  struggle,  we 
stand  on  higher  ground  than  if  we  had  not  made  the  effort. 

6.  SUCCESS  OF  THE  MAINE  LIQUOR    LAW   IN  CONNECTICUT. — While 
six  States  have  passed  the  Maine  Liquor  Law,  none  of  them  have  succeed- 
ed like  ours.    The  reports  from  the  towns  at  the  late  county  meeting  at 
New  London  were  cheering,  and  enough  to  convince  all  heretofore  opposed 
to  the  law. 

November,  1864. 

141 


CHAP.  VII.]  RESULTS  OF  PROHIBITION  [SEC.  7-18. 

From  Rev.  JOHN  W.  SALTEB,  Montville. 

7.  PRISON  CELLS  TO   BE  LET. — At  a  convention  on  the  27th  instant, 
New  London  reported  :  "  Prison  Cells  to  be  Let." 

From  the  New  Haven  Temperance  Advocate. 

8.  OUT  OF  BUSINESS. — The  jailer  of  New  London  County.     The  county 
prison  is  empty.     The  Maine  Liquor  Law  is  justly  held  responsible  for  this 
result.    Last  year,  before  the  law  went  into  operation,  from  the  1st  of  August 
to  the  1st  of  January  inclusive,  there  were  upward  of  fifty  prisoners  in  the 
county  jail ;  since  the  1st  of  August  last  the  number  has  been  gradually 
diminishing,  till  on  New  Year's  day  there  was  but  one  poor  fellow  in  durance, 
who,  "  solitary  and  alone,"  was  awaiting  trial  for  the  violation  of  the  Liquor 
Law. 

COLCHESTER. 

9.  Population  2,468. 

From  Rev.  ERASTUS  DICKINSON,  Congregationalist. 

10.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

11.  PUBLIC  PEACE. — We  have  a  population  of  some  500  or  600  Irish  who, 
previous  to  the  enforcement  of  our  glorious  Maine  Liquor  Law,  were  in  the 
habit  of  becoming  intoxicated  on  the  Sabbath  and  at  funerals  of  their  own 
people,  and  then  fighting,  from  which  prosecutions  and  fines  resulted  every 
few  weeks.     Since  our  present  law  went  into  operation  I  have  heard  of  but 
one  such  scene,  and  then  it  happened  that  an  Irishman  had  obtained  a  demi- 
john of  rum  from  New  York. 

12.  CRIMINAL  PROSECUTIONS. — Nearly  all  the  prosecutions  here  arose 
from  drinking.     Our  experience  in  this  borough  is.  that  crimes  against  the 
public  peace  will  diminish  at  least  99  per  cent,  in  the  absence  of  all  intox- 
icating liquors. 

13.  RECLAIMED  FROM  INTEMPERANCE. — Many  have  become  sober  who 
were  often  drunken  before,  and  would  probably  become  so  again  if  they 
could  get  the  liquor. 

14.  PUBLIC  OPINION.— But  little  respect  is  entertained  for  any  man  who 
is  opposed  to  the  Maine  Liquor  Law. 

December  23, 1854. 

MONTVILLE. 

15.  Population  1,848. 

From  Rev.  JOHN  W.  SALTEB,  Congregationalist. 

16.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

17.  RECLAIMED  FROM  INTEMPERANCE. — There  have  been  a  few  cases 
of  reclamation  from  intemperance  as  a  result  of  the  Maine  Liquor  Law — 
hundreds  in  New  England. 

18.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade. 
142 


CHAP.  VH.]  IN  CONNECTICUT.  [SEC.  19-53. 

19.  ATTENDANCE  AT  CHURCH. — There  has  been  an  increase  in  the  at- 
tendance at  church  in  some  parts  of  the  town. 

20.  DENS  or  INIQUITY  CLOSED.— Three  dens  of  iniquity  have  been  closed, 
their  inmates,  numbering  forty  or  fifty  souls,  scattered,  and  some  of  these 
persons  are  now  honestly  employed. 

December  29, 1854. 

NEW    LONDON    CITY. 

21.  Population  in  1850,  8,991.     In  1853,  10,000. 

From  Eev.  TETON  EDWABDS,  D.D.,  Congregationalist 

22.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

23.  CRIME. — There  has  been  a  great  diminution  of  crime. 

24.  PUBLIC  HEALTH  — The  general  health  of  the  community  seems 
better. 

25.  RECLAIMED  FROM  INTEMPERANCE. — There  have  been  several  cases 
of  reclamation  from  intemperance  as  a  result  of  the  Maine  Liquor  Law,  and 
within  the  scope  of  my  own  observation. 

26.  IMPROVEMENT  IN  MODERATE  DRINKERS. — There  have  been  several 
cases  where  the  individual,  though  not  habitually  intemperate,  has  been 
obliged  to  give  up  drinking,  much  to  the  improvement  of  him  or  herself  and 
the  family. 

27.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased.     A 
physician  here,  in  large  practice,  says  he  has  not  met,  on  the  evening  of  the 
Sabbath  [or  any  other  evening],  one  noisy  person  since  the  1st  of  August, 
although  such  persons  were  common  before. 

28.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly, strongly,  and  increasingly  in  favor  of  the  law,  without,  as  far  as  I 
know,  one  solitary  exception. 

29.  BENEFICIAL  EFFECTS  OF  THE  MAINE  LIQUOR  LAW. — Had  I  time,  I 
could  fill  sheets  with  interesting  incidents  illustrating  the  beneficial  effects 
of  the  Maine  Liquor  Law. 

January  3, 1865. 

NORWICH. 

30.  Population  in  1850,  10,265.     In  1853,  11,500. 

From  Eev.  Mr.  Bush. 

31.  ABSENCE  OF  DRUNKARDS. — Since  the  1st  of  August  I  have  not  seen 
a  man  drunk  in  Norwich,  where  the  sight  had  been  of  daily  occurrence. 

November,  1854. 

From  J.  J.  WAITE,  Esq, 

32.  WORKING  OF  THE  LAW. — The  law  is  working  admirably  in  Norwich. 
Its  effects  upon  the  community  are  very  good.     The  village  was  formerly 
noted  for  drunkenness,  but  now  an  intoxicated  man  is  seldom  met  with. 

33.  PUBLIC  OPINION. — The  law  has  gained  the  good- will  of  the  better 

143 


CHAP.  VH.]  RESULTS   OF  PROHIBITION  [Sec.  34-46 

classes  of  the  community.    I  know  many  persons  there  who  went  against 
the  law,  because  they  were  told  it  would  infringe  their  rights  as  citizens, 
who,  now  that  they  have  seen  it  enforced,  are  decidedly  in  favor  of  it. 
February  1, 1865. 

PRESTON. 

34.  Population  1,842. 

From  Eev.  N.  H.  MATTESON,  Baptist. 

35.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

36.  THOROUGH  EXECUTION  OF  THE  MAINE  LIQUOR  LAW. — The  Maine 
Liquor  Law  has  been  so  thoroughly  executed,  both -here  and  through  the 
State,  that  the  public  sale  of  liquor  is  a  thing  unknown. 

37.  CRIME. — There  is  a  diminution  of  crime  to  the  extent,  I  think,  of 
eighty -five  per  cent. 

38.  DRUNKENNESS  DISAPPEARED. — Before  this  revolution  commenced,  I 
saw  more  or  less  drunkards  every  day,  as  I  traveled  on  the  public  road,  and 
now  I  see  none.     Others,  whose  business  calls  them  to  travel  constantly 
through  our  villages  and  on  our  railroads,  say  they  see  no  drunkenness  now. 

39.  PUBLIC  HEALTH. — I  have  neither  seen  nor  heard  of  the  first  case 
where  any  person  has  either  sickened,  died,  or  become  insane  for  want  of 
rum. 

40.  ALL  THE  DRUNKARDS  REFORMED. — The  operation  of  the  Maine 
Liquor  Law  has  reformed  all  the  drunkards  in  the  town,  and  will  keep  them 
sober  so  long  as  it  is  enforced,  and  perhaps  no  longer. 

41.  REPEAL  OF  THE  MAINE  LIQUOR  LAW. — I  think  some,  and  not  a  few, 
of  the  former  victims  of  intemperance  would  regard  it  as  the  worst  calamity 
that  could  befall  them  to  have  the  Maine  Liquor  Law  repealed. 

42.  SALE  OF  LIQUOR. — I  think  that  there  is  not  as  much  liquor  sold  for  a 
purely  medicinal  purpose  as  before. 

43.  TRADE. — A  numerous  class  have  the  means  of  purchasing  far  more 
largely  of  the  necessaries  of  life. 

44.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased,  for 
the  Maine  Liquor  Law  has  been  the  means  of  closing  up  the  dens  where  the 
vile  and  disorderly  have  been  accustomed  to  resort  and  revel  on  the  Sabbath 
day. 

45.  ATTENDANCE  AT  CHURCH. — I  see  individuals  in  my  congregation  I 
have  never  seen  in  the  sanctuary  before,  and  expect  to  see  more  such  when 
the  law  shall  have  had  time  to  work  its  legitimate  effects,  for  many  were 
never  able  before  to  appear  in  the  house  of  God  decently  clad. 

46.  POPULARITT  OF  THE  MAINE  LIQUOR  LAW. — The  law  is  popular  with 
such  as  have  any  just  claims  to  respectability,  and  its  beneficial  effects 
are  so  apparent,  that  among  rumsellers  and  rum  politicians  there  is  hardly 
a  dog  to  bark  out. 

January  7, 1855. 

144 


CHAP.  Vm.]  IN  CONNECTICUT.  [ SEC.  47-56. 

From  Eev.  S.  HUNT,  Congregationalist. 

47.  CRIME. — I  should  think  crime  Has  diminished  here  at  least  seventy- 
five  per  cent. 

48.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  im- 
proved. 

49.  PUBLIC   TRANQUILLITY. — There  is  much  less  rioting,  abuse,  and 
drunkenness  than  before. 

60.  RECLAIMED  FROM  INTEMPERANCE. — I  should  judge  from  fifteen  to 
twenty-five  cases  of  reclamation  from  intemperance,  as  a  result  of  the 
Maine  Liquor  Law,  have  come  within  the  scope  of  my  own  observation. 

51.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade  of 
this  town. 

52.  CONDITION  OF  FAMILIES  IMPROVED. — There  are  many  families  that 
were  almost  reduced  to  starvation  and  want,  that  are  now  provided  with  a 
sufficiency. 

53.  THE  SABBATH. — I  should  think  there  has  been  increased  observance 
of  the  Sabbath,  as  there  has  been  less  running  about,  especially  among  the 
Irish. 

54.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  per- 
haps been  improved,  but  this  is  not  to  be  expected  as  among  the  first  effects 
of  the  Maine  Liquor  Law. 

55.  PUBLIC  OPINION. — The  law  is  gaining  friends,  and  it  never  stood 
firmer  than  now. 

56.  BENEFICIAL  EFFECTS  OF  THE  MAINE  LIQUOR  LAW.— The  incidents 
illustrating  the  good  effects  of  the  law  are  so  numerous,  that  it  would  be 
almost  impossible  to  give  you  a  just  conception  of  them  without  a  very 
lengthy  communication. 

February  3, 1855. 


The  absence  of  crime,  the  order  which  everywhere  prevails,  the  diminution  of  rowdyism,  the  quietude 
which  generally  obtains — all  prove  that  the  law  works  its  mission  and  is  a  blessing  to  the  community. — 

GOVERNOR  DOTTON. 

TOLLAND    COUNTY. 

Prevalence  of  peace  in  the  county — Population. 

COVENTRY. — Population — From  Eev.  HENRY  BLAKE: — Period   of  enforcement — Crime — 

Public  health — Keclaimed  from  intemperance — The  Sabbath — Public  opinion — No  sale 

of  liquor — Public  tranquillity. 
STAFFORD.— Population— From    Eev.   8.  HINE:— Period  of  enforcement— Crime— Public 

health — Reclaimed  from  intemperance — Trade — Attendance  at  church — The  Sabbath — 

Public  opinion. 

7  145 


CHAP.  VHL]  RESULTS  OF  PROHIBITION  [SEC.  1-10. 

1.  Some  parts  of  Tolland  County  have  long  enjoyed  the  bless- 
ings of  prohibition,  while  those  parts  which  have  only  just  be- 
come subject  to  it  are  now  as  free  from  intemperance,  disorder, 
etc.,  as  can  be  desired.     Peace  prevails  on  their  borders. 

2.  Population  20,091. 

COVENTRY. 

3.  Population  1,984. 

From  Kev.  HENET  BLAKE,  Congregationalist. 

4.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

5.  CRIME. — The  diminution  of  crime  has  been  great. 

6.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  no  doubt 
improved. 

7.  RECLAIMED  FROM  INTEMPERANCE. — Many  who  were  intemperate  are 
now  seen  sober. 

8.  THE  SABBATH. — Sabbath  observance  has  no  doubt  increased. 

9.  PUBLIC  OPINION. — The  general  feeling  of  all  respectable  citizens  here 
is  that  the  Maine  Liquor  Law  is  one  of  the  greatest  blessings. 

10.  No  SALE  OF  LIQUOR. — There  is  no  open  sale  of  liquor. 

11.  PUBLIC  TRANQUILLITY. — There  is  no  appearance  of  intoxication,  and 
great  quietness  prevails. 

December  23, 1854. 

STAFFORD. 

12.  Population  2,940. 

From  Eev.  8.  HIKE. 

13.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

14.  CRIME. — Drunken  brawls  and  fightings,  before  common  in  this  town, 
have  now  ceased. 

15.  PUBLIC  HEALTH. — The  immediate  consequences  of  intemperance  are 
less. 

16.  RECLAIMED  FROM  INTEMPERANCE. — Some  half  a  dozen  cases  of 
reclamation  from  intemperance  have  come  under  my  own  observation  as  a 
result  of  the  Maine  Liquor  Law. 

17.  TRADE. — The  hard  times  just  now  render  comparisons  as  to  trade  un- 
favorable, yet  many  more  of  the  comforts  of  life  are  procured  by  the 
families  of  those  who  were  drunkards.    There  is  far  less  spent  in  dissipation. 

18.  ATTENDANCE  AT  CHURCH. — The  place  wherein  I  preach — Stafford  - 
ville — has  never  allowed  tippling  shops ;  hence,  although  an  increase  has 
been  made  in  my  congregation,  it  is  only  in  part  on  account  of  the  Maine 
Liquor  Law. 

19.  THE  SABBATH. — Sabbath  observance  has  very  much  increased. 

20.  PUBLIC   OPINION. — The  general   feeling   of  respectable  ciiizens  is 
favorable  to  the  Maine  Liquor  Law,  which  is  gaining  greater  favor  every  day. 

January  26,  1855. 

146 


CHAP.  IX.]  IN  CONNECTICUT.  [SEC.  1-8. 


Generally  speaking,  the  law  Is  most  successfully  and  triumphantly  sustained  in  New  Haven  ;  and  wb<U 
Is  true  of  New  Haven,  Is  also  true  of  other  towns  In  Connecticut.  I  have  the  means,  from  my  official  posi- 
tion, as  well  as  from  other  sources,  of  learning  the  operation  of  the  law,  and  I  am  prepared  to  say  that  it 
nas  been  complete.  Gentlemen  engaged  in  shipping,  in  mechanical  pursuits,  in  trade,  in  all  parts  of  tha 
State,  bear  the  same  testimony,  that  the  law  is  being  carried  into  effect,  and  has  a  most  beneficial  result 
upon  their  respective  communities. — GOVERNOR  DUTTON. 

WINDHAM    COUNTY 

Many  instances  of  reclamation  from  intemperance— Population— From  Eev.  Mr.  BUSH  :— 
Sobriety  and  industry — Jail  and  alms-house. 

CANTERBURY. — Population — From  Mr.  A.  H.  BENNBTT  : — Period  of  enforcement — Crime — 
Appearance  of  the  poor — Eeclaimed  from  intemperance — Trade — The  Sabbath — Public 
opinion— Effects  of  the  Maine  Liquor  Law  on  a  colored  man— Homes  of  the  destitute  made 
glad. 

CENTBAL  VILLAGE.— From  Mr.  "Wu.  0.  MONROE  :— Crime— Public  health— Eeclaimed  from 
intemperance— Trade— The  Sabbath— Attendance  at  church— Public  opinion— Violation 
of  the  Maine  Liquor  Law. 

WILLTMANTIO — Population — From  Eev.  S.  G.  WILLARD: — Period  of  enforcement — Ee- 
claimed from  intemperance — Trade — Less  suffering — Public  opinion — Neighbor's  chil- 
dren— No  grog-shops. 

1.  WINDHAM  County  has  many  instances  of  reclamation  from 
intemperance  through  the  operation  of  the  Prohibitory  Law,  and 
all  the  blessings  of  a  sober  people  are  now  enjoyed  there. 

2.  Population  31,081. 

From  Eer.  Mr.  BUSH,  of  Norwich. 

3.  SOBRIETY  AND  INDUSTRY. — I  could  give  a  long  list  of  names  of  men 
who  are  now  sober  and  industrious,  who  were  formerly  idle  and  addicted  to 
drinking.    So  it  is  in  Windham  County. 

4.  JAIL  AND  ALMS-HOUSE. — The  jail  and  alms-house  are  almost  empty. 
These  are  but  samples  of  the  effects  of  the  Maine  Liquor  Law. 

November,  1854. 

CANTERBURY. 

5.  Population  1,669. 

From  Mr.  A.  H.  BENNETT,  Farmer,  Methodist  Local  Preacher,  supplying  two  pulpits. 

6.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

7.  CRIME. — There  have  generally  been  about  six  arrests  a  year  in  this 
village  for  violations  of  the  public  peace.     Since  the  passage  of  the  Maine 
Liquor  Law  no  arrest  has  taken  place  for  this  or  any  other  crime. 

8.  APPEARANCE  OF  THE  POOR. — The  general  appearance  of  the  poor 

147 


OHAP.  IX.]  RESULTS  OF  PROHIBITION  [SEC.  9-20. 

has  very  much  improved.  They  are  decidedly  more  comfortable  than  ever 
before  since  I  have  known  this  place,  notwithstanding  the  present  hard 
times. 

9.  RECLAIMED   FROM   INTEMPERANCE. — About  thirty  were  formerly 
addicted  to  intemperate  habits.    Twelve  of  these  were  known  as  "  loafers," 
and  they  have  disappeared  from  our  village.     The  remaining  eighteen  are 
now  sober  citizens,  and  appear  respectable. 

10.  TRADE. — There  must  have  been  an  increase  in  the  legitimate  home 
trade  of  the  place. 

11.  THE  SABBATH. — The  observance  of  the  Sabbath  has  very  much  in- 
creased.    Our  hotel  on  the  Sabbath  was  formerly  crowded  about  the  bar- 
room with  the  baser  sort  of  people.    But  now  there  is  nothing  of  the  kind. 

12.  PUBLIC  OPINION. — The  Maine  Liquor  Law  has  been  gaining  strength 
in  the  affections  of  the  people.     The  rum  influence  had  ruled  for  four  years, 
but  some  of  the  .hardest  opponents  of  the  Maine  Liquor  Law  acknowledge 
that  it  has  done  much  good  already. 

13.  EFFECT  OF  THE  MAINE  LIQUOR  LAW  ON  A  COLORED  MAN. — About 
seven  years  ago,  Mr.  GEORGE  GEER,  a  colored  man,  bought  a  piece  of  land, 
built  himself  a  house,  and  paid  for  it  within  forty  dollars.     He  removed  to 
his  new  house,  and  then  commenced  laboring  for  one  L.  WOOD,  a  rumseller 
and  tavern-keeper.     He  stayed  there  until  he  became  a  confirmed  drunk- 
ard.    His  house  became  dilapidated,  windows  entirely  broken.    He  finally 
sold  his  house  for  forty-five  dollars,  only  five  dollars  more  than  his  debt. 
So  degraded  has  he  been  that  he  has  been  known  to  devour  with  eagerness 
skippery  ham  and  other  filth.     But  since  the  1st  of  last  August  he  has  been 
entirely  sober.     His  family  has  had  enough,  and  are  otherwise  comfortable. 
Last  week,  March  the  8th,  he  bought  and  paid  cash  for  a  barrel  of  provisions, 
and  brought  it  home  to  his  family.    Such  was  never  the  case  before,  though 
he  has  kept  house  for  twenty  years. 

14.  HOMES  OF  THE  DESTITUTE  MADE  GLAD. — We  could  relate  many 
similar  cases  to  the  above,  where  families  have  become  blessed,  and  the  homes 
of  the  destitute  have  been  made  glad  with  plenty. 

March  15, 1865. 

CENTRAL    VILLAGE. 

15.  Population  1,800. 

From  Mr.  WILLIAM  C.  MONROE,  Farmer. 

16.  PERIOD  OF  ENFORCEMENT. — 1st  of  August,  1854. 

17.  CRIME. — Crime  has  diminished  fifty  per  cent,  in  this  village. 

18.  PUBLIC  HEALTH. — The  general  health  of  the  community  in  relation 
to  fever,  insanity,  etc.,  has  improved  about  twenty-five  per  cent. 

19.  RECLAIMED  FROM  INTEMPERANCE. — No  less  than  thirty  cases  of 
reclamation  from  intemperance  have  come  within  the  scope  of  my  own  ob- 
servation as  a  result  of  the  Maine  Liquor  Law. 

148 


CHAP.  IX.]  IN  CONNECTICUT.  [SEC.  21-33 

20.  TRADE. — The  legitimate  home  trade  has  been  increased. 

21.  THE  SABBATH. — The  Sabbath  has  been  better  observed. 

22.  ATTENDANCE  AT  CHURCH. — There  have  been  fifteen  additional  at- 
tendants at  my  church,  which  does  not  profess  to  belong  to  any  denomination. 

23.  PUBLIC  OPINION — The  general  feeling  of  respectable  citizens,  is  that 
no  law  has  benefited  society  to  the  extent  that  this  has. 

24.  VIOLATION  OF  THE  MAINE  LIQUOR  LAW. — Two  cases  of  violation 
of  the  law  have  been  tried,  and  the  defendants,  BOICE  and  WEAVER,  wero 
fined,  without  hesitation,  twenty  dollars  each  and  costs. 

December  23, 1854. 

WILLIMANTIC. 

25.  Population  3,500. 

From  Eev.  S.  G.  WILLABD,  Congregationaliat. 

26.  PERIOD  OF  ENFORCEMENT. — Since  August  1st,  1854. 

27.  RECLAIMED  FROM  INTEMPERANCE. — I  have  heard  of  four  cases  of 
reclamation  from  intemperance  as  a  result  of  the  Maine  Liquor  Law  here. 
There  are  probably  many  more. 

28.  TRADE. — It  is  understood  that  the  legitimate  home  trade  has  increased. 

29.  LESS  SUFFERING. — There  is  considerably  less  suffering  among  the 
poor  this  winter  than  must  otherwise  have  been  the  case. 

30.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  highly 
favorable  to  the  law,  and  increasingly  so. 

31.  NEIGHBOR'S  CHILDREN. — The  children  of  a  neighbor,  who  was  for- 
merly addicted  to  drinking,  are  now  better  clad,  and  go  to  school. 

32.  No  GROG-SHOPS. — There  is  not  an  open  grog-shop  in  the  place.    There 
were  ten  or  more  places  where  liquor  was  retailed  before  August  1st,  1854. 

December  29, 1854. 

33.  Thus  we  have  been  enabled  to  furnish  samples  of  the  re- 
turns received  from  every  county  in  the  State  of  Connecticut. 
There  can  be  no  more  convincing  fact  as  to  the  practicability  of 
the  Prohibitory  Liquor  Law  than  is  furnished  by  the  unreserved 
testimony  here  given.  We  have  not  received  a  single  hint  or 
suggestion  from  this  State  which  did  not  express  the  most  unqual- 
ified approval  of  the  law,  and  admiration  at  its  happy  results.  If 
no  other  State  in  the  Union  had  adopted  the  Prohibitory  Law, 
the  universally  approving  voice  of  the  people  of  Connecticut 
would  be  ample  evidence  of  the  advantages  of  prohibitory  liquor 
legislation. 


149 


RESULTS 

OF 

PROHIBITION    IN    MAINE. 


Where  are  the  men  opposed  to  the  Maine  Liquor  Law  in  that  State  ?  Politically  dead,  and  not  a  bubble 
rises  over  the  spot  where  they  went  down.  As  the  German  said,  "  The  mill  of  God  grinds  slow,  but  it 
grinds  small." — REV.  THKODOKE  L.  CUYLKB,  of  New  York  city,  Nov.,  1854. 

STATEMENTS    RELATING    TO    THE    STATE. 

Character  of  the  statements  offered,  and  of  the  persons  by  whom  they  are  made— Duration 
of  the  experiment  in  Maine— Population— Its  effect  marvelous  in  view  of  the  strong- 
holds of  the  liquor  traffic— How  alone  the  effects  are  to  be  accounted  for. 

STATEMENTS  OF  THK  GOVERNOR  :— Sustaining  the  Maine  Liquor  Law— Control  of  the  traffic 
— The  traffic  a  crime — Enforcement  of  the  Maine  Liquor  Law— Imprisonment  for  the 
first  offense — Prohibition  of  rum-carrying — Evasion  of  the  Maine  Liquor  Law — Eegen- 
eration  in  Maine  politics. 

STATEMENT  OF  THE  SECRETARY  OF  STATE  : — The  election  of  Governor. 

STATEMENT  OF  BISHOP  BURGESS  : — What  the  law  has  accomplished. 

STATEMENTS  OF  HON.  NEAL  Dow : — Consumption  of  liquor  diminished  in  the  State — Sup- 
port of  temperance  men— Opposition— Implements  of  the  warfare— Eeaction— Given  up — 
Political  death— Confiscation  and  seizure— Uniformity  of  the  law— The  people's  own  work. 

STATEMENTS  OF  KEY.  8.  C.  FESSENDEN,  OF  EOCKLAND  :— The  Maine  Liquor  Law  has  worked 
well 

STATEMENTS  OF  EEY.  J.  C.  KNOWLTON,  OF  OLDTOWN  : — Quitting  the  business — Kept  sober — 
Weeping  for  joy— Thrift  and  prosperity. 

STATEMENT  OF  EEY.  WM.  M'DONALD,  OF  PORTLAND  : — General  results  of  the  Maine  Liquor 
Law. 

STATEMENTS  OF  THE  LATE  EEV.  D.  H.  MANSFIELD  : — Order  and  quiet — Improvement  in  the 
foreign  population— The  Maine  Liquor  Law  generally  approved— Necessity  for  impar- 
tial enforcement. 

STATEMENT  OF  HON.  NOAH  SMITH,  JR.  : — Public  sentiment 

STATEMENTS  OF  EEV.  STEPHEN  THURSTON,  OF  SEARSPOBT  :— Improvement  in  the  Maine 
Liquor  Law — "  Eternal  vigilance." 

STATEMENT  OF  EEV.  J.  W.  TURNER  :— Cheering  facts— A  reclaimed  rumseller— A  family 
saved  from  ruin. 

STATEMENTS  OF  CHAS.  H.  DE  WOLFE,  ESQ.  :— The  importation  of  liquor  must  be  prohibited 
— Maine  in  contrast  with  other  States  and  countries. 

STATEMENTS  OF  TQE  MAINE  STATE  TEMPERANCE  SOCIETY  :— Economy  of  the  Maine  Liquor 
Law. 

Principal  opponents  in  Maine— Concluding  remarks. 

1.  THE  results  of  the  Maine  Liquor  Law  in  this  State  will  be 
viewed  with  much  interest  by  all  the  friends  of  prohibition.    The 

151 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  2-6. 

following  statements  have  been  selected  from  the  materials  kindly 
furnished  by  the  gentlemen  whose  names  are  attached  to  each 
statement.  They  are  statements  which  need  no  comment  from 
us.  They  are  indorsed  by  the  names  of  men  who  do  honor  to 
their  State  and  country,  and  command  the  respect  and  attention 
of  all  to  whom  they  are  known,  and  may  therefore  be  regarded 
as  the  best  authorities  on  the  subjects  of  which  they  testify. 
The  statements  in  this  chapter  apply  to  the  State  of  Maine 
generally ;  succeeding  chapters  containing  statements  in  rela- 
tion to  the  divisions  of  the  State,  the  counties,  cities,  towns,  vil- 
lages, etc.,  the  whole  of  which  should  be  read  in  order  to  arrive 
at  a  just  conception  of  the  results  of  the  Maine  Liquor  Law  in  this 
most  interesting  State. 

2.  Population  583,188. 

3.  As  we  have  elsewhere  shown,  the  Maine  Liquor  Law  came 
into  effect  on  the  2d  of  June,  1851  ;  the  experiment,  therefore, 
has  not  yet  been  in  operation  more  than  four  years  ;  and,  consid- 
ering the  many  years  which  the  license  system  has  had  to  gain 
its  position,  and  the  strong  hold  which  the  traffic  had  acquired 
on  the  principal  capitalists  of  the  State,  the  results  effected  in 
this  short  period  seem  almost  marvelous,  and  can  only  be  ac- 
counted for  in  the  power  of  truth  over  error,  and  of  right  over 
wrong  when  judiciously,  wisely,  and  promptly  exerted. 

STATEMENTS  OF  THE  GOVERNOR. 

4.  His  Excellency   Governor  MORRILL,  in  his  recent  An- 
nual Message,  makes  the  following  valuable  statements  : 

5.  SUSTAINING  THE  MAINE  LIQUOR  LAW. — The  law  for  the  suppression 
of  drinking  houses  and  tippling  shops  has  been  very  fully  discussed  by  the 
people  of  this  State,  and  become  a  question  of  prominence  and  deep  interest 
in  our  elections.     The  result  proves  conclusively  that  the  people  are  by  a 
very  large  majority  in  favor  of  sustaining  that  law — a  happy  verdict  lor 
the  cause  of  humanity  throughout  the  land.     Had  Maine  declared  against 
the  law,  her  decision  would  have  been  felt  most  disastrously  by  other  com- 
munities, where  strong  efforts  are  being  made  to  obtain  similar  legislation. 

6.  CONTROL  OF  THE  TRAFFIC. — That  any  law  which  human  wisdom  can 
devise  will  at  once  rid  the  public  of  an  evil  so  vast  and  deep-rooted  as  in- 
temperance, should  not  be  expected ;  but  that  the  traffic  which  produces  it 

152 


CHAP.  L]  IN  MAINE.  [SEC.  7-9. 

can  be  circumscribed  and  controlled  by  penal  enactments,  as  surely  and  as 
legitimately  as  other  crimes,  there  can  be  no  reasonable  doubt.  And  it  is 
equally  clear  that  the  people  are  determined  to  pursue  the  effort  faithfully, 
and  give  the  law  a  fair  trial.  They  see  and  feel  the  terrible  ravages  the 
traffic  in  intoxicating  drinks  has  made  on  society  and  its  best  interests. 
They  feel  deeply  the  loss  of  many  valued  citizens  who  are  constantly  being 
hurried  to  the  inebriate's  grave.  They  fully  realize  that  the  sale  and  use 
of  alcoholic  liquors  as  a  beverage,  are  in  direct  conflict  with  the  health, 
morals,  industry,  peace,  and  happiness  of  society,  and  that  this  fact  is  so 
apparent,  that  those  individuals  who  insist  on  selling  in  violation  of  law  should 
be  made  to  feel  its  consequences. 

7.  THE  TRAFFIC  A  CRIME. — It  is  too  late  to  plead  that  making  men  in- 
ebriates, or  giving  them  the  facilities  to  become  such,  is  no  crime ;  none  but 
the  more  depraved  or  reckless  will  support  a  doctrine  so  pernicious  and  ab- 
surd ;  and  it  is  believed  that  few  are  now  engaged  in  the  traffic  in  this  State 
except  those  persons  who  are  alike  indifferent  to  public  sentiment,  the  de- 
mands of  humanity,  and  their  own  best  interests. 

8.  ENFORCEMENT   OF  THE   MAINE  LIQUOR  LAW. — Persuasive  efforts 
having  been  exhausted  on  this  class  of  men,  the  law  should  be  enforced  in 
protection  of  society  and  in  mercy  to  the  offender.     This  important  statute 
has  not  had  a  fair  trial.    Executive  officers  have  been  culpably  negligent  in 
seeing  it  enforced.    Too  often  has  the  officer,  whose  duty  it  was  to  honor  and 
execute  it  as  the  law  of  the  Commonwealth,  been  found  more  willing  to  excul- 
pate the  offender  than  to  bring  him  to  justice.     Such  official  dereliction  of 
duty  emboldened  violators  of  the  law  to  repeated  offenses,  which  they  would 
not  have  committed,  with  the  full  assurance  that  the  law  was  to  be  faith- 
fully administered.     This  error  must  be  corrected,  the  law  must  be  faith- 
fully enforced.    The  people  demand  that  grog-shops  be  closed,  whether  found 
in  spacious  saloons  and  popular  hotels,  where  the  temptation  is  presented  in 
the  most  alluring  form,  or  in  the  filthy  cellar  or  den,  where  poor,  degraded 
humanity  is  made  loathsome  to  the  last  degree. 

9.  IMPRISONMENT  FOR  FIRST  OFFENSE. — No  man  sells  ardent  spirits  in 
violation  of  this  law  through  the  promptings  of  patriotism  or  humanity ;  he 
has  no  higher  motive  than  a  reckless  or  sordid  love  of  gain ;  he  should  be 
held  strictly  accountable  for  the  mischief  his  traffic  produces.     Let  this  be 
done,  and  none  will  continue  in  the  business  except  such  as  are  madly  bent 
on  suicide.     I  would  suggest  the  importance  of  so  amending  the  law  as  to 
impose  imprisonment  for  the  first  offense.     The  penalty  for  the  first  convic- 
tion is  trifling,  and  the  schemes  devised  to  avoid  detection  are  so  numerous 
that  many  sellers,  undoubtedly,  realize  large  amounts  from  the  business 
before  a  conviction  is  had.     Let  the  prison  be  opened  for  their  reception 
and  reformation,  as  it  is  for  offenders  of  less  magnitude,  even  the  unhappy 
victims  of  their  traffic,  and  be  assured  its  prospective  chastening  influences 
will  be  felt  more  restrainingly  than  merely  taking  by  fine,  from  the  pock- 

7*  153 


CHAP.  L] 


RESULTS  OF  PROHIBITION 


[Sice.  10-13. 


ets  of  the  delinquents,  a  trifling  part  of  the  money  the  business  had  given 
them. 

10.  PROHIBITION  OF  RUM  CARRYING. — The  willingness  of  rnrnsellers  in 
other  States  to  supply  those  in  the  same  business,  and  the  facilities  afforded 
by  steamboats  and  other  common  carriers  to  bring  liquors  into  this  State  for 
unlawful  purposes,  call  for  such  improvement  in  the  law  as  shall  meet  this 
prolific  source  of  evil  and  cut  off  a  great  artery  which  is  pouring  the  poison- 
ous liquid  into  tkis  State. 

11.  EVASION  OF  THE  MAINE  LIQUOR  LAW. — Other  amendments  may 
be  desirable  to  give  efficiency  to  the  law  and  meet  the  modes  of  evasion  which 
the  ingenuity  and  cupidity  of  determined  violators  have  invented. 

STATEMENT    OF    THE    SECRETARY    OF    STATE.* 

12.  THE  ELECTION  OF  GOVERNOR. — The  candidates  were — ANSON  P. 
MORRILL,  Maine  Law ;  ALBION  K.  PARIS,  Democrat ;  ISAAC  REED,  Whig ; 
SHEPARD  CARTT,  Anti-Maine  Law. 


COLLECTIVE  VOTE  OF  THE  STATE  : 

Morrill 44,565 

Gary 3,478 

Reed 14,000 

Paris 28,462 


Total  votes 


90,633 


PORTLAND. 

Morrill 1,728 

Cary 43 

Reed 490 

Paris 809 

BANGOR. 

Morrill 1,275 

Cary 6 

Reed 320 

Paris 556 

BATH. 

Morrill 936 

Cary 3 

Reed..     139 


Paris 


154 


BIDDEFORD. 

Morrill 721 

Cary 27 

Reed 107 

Paris 153 

SACO. 

Merrill 458 

Cary 13 

Reed 159 

Paris 234 

ROCKLAND. 

Morrill 454 

Cary 0 

Reed 211 

Paris 274 

AROOSTOOK. 

Morrill 344 

Cary 468 

Reed 613 

Paris  ..  .735 


STATEMENT    OF    BISHOP    BURGESS. f 

13.  WHAT  THE  LAW  HAS  ACCOMPLISHED. — Whatever  it  is  in  the  power 
of  a  prohibitory  law  to  accomplish  without  extreme  severity  or  inquisitorial 
scrutiny,  this  law  has  generally,  in  my  opinion,  accomplished.  Those  who 


*  In  The  Maine  Law  Illustrated. 


t  Ibid . 


154 


CHAP.  I.]  IN  MAINE.  [SEC.  14-24. 

are  bent  upon  obtaining  liquor  can  and  do  succeed ;  but  it  has  ceased  to  be 
an  article  of  traffic ;  it  has  ceased  to  present  any  open  temptation :  the  young 
are  comparatively  safe,  and  all  the  evils  of  public  drinking- shops  and  bars 
are  removed,  together  with  the  interest  of  a  large  body  of  men  in  upholding 
them  for  their  own  pecuniary  advantage. 
February  19,  1S55. 

STATEMENTS    OF    HON.    NEAL    DOW. 

14.  CONSUMPTION  or  LIQUOR  IN  THE  STATE  DIMINISHED. — The  amount 
of  liquors  consumed  in  the  State  I  think  is  not  one  quarter  so  great  as  it 
was  seven  months  ago,  and  it  will  become  less  very  rapidly,  as  the  people  in 
the  country  towns  are  now  enforcing  the  law  more  extensively  and  vigorously 
every  day.    From  many  towns  in  the  State  the  illegal  traffic  is  entirely 
banished. 

January  10, 1852.* 

15.  SUPPORT  OF  TEMPERANCE  MEN. — The  law  calls  out  new  and  in- 
creased interest  (even  enthusiasm)  from  temperance  men,  and  has  brought 
over  the  timid  and  wavering. 

16.  OPPOSITION. — There  is  no  feeling  of  opposition  to  the  law,  except 
among  a  small  minority  of  low  men ;  the  law  carries  all  opposition  before  it. 

17. — IMPLEMENTS  OF  THE  WARFARE. — The  law  is  easily  enforced  in 
every  town,  if  you  have  three  temperance  men  who  are  not  afraid,  one  good 
justice  of  the  peace,  and  one  good  constable. 

18.  REACTION. — There  are  no  indications  of  reaction;  there  will   be 
nothing  to  react,  for  we  shall  annihilate  the  traffic. 

19.  GIVEN  UP. — Dealers  have  given  up;  there  are  no  grog-shops,  except 
a  few  low  holes,  where  rum  is  sold  very  secretly. 

20.  POLITICAL  DEATH. — No  political  party  dare  say  a  word  against  the 
law ;  death  to  such  party  would  follow. 

21.  CONFISCATION  AND  SEIZURE. — Confiscation  and  seizure  are  the  great 
things,  with  the  speed  and  certainty  with  which  penalties  follow ;  no  evasion 
will  succeed. 

22.  UNIFORMITY  OF  THE  LAW. — It  is  not  desirable  to  adapt  a  law  to 
separate  counties ;  it  should  be  uniform  throughout  the  State. 

23.  THE  PEOPLE'S  OWN  WORK. — Our  law  has  been  forced  from  our  Legis- 
lature by  the  common  people,  the  voters,  with  but  little  help  from  men  of 
high  standing  and  influence. 

September  80,  1851.t 

STATEMENTS    OF    THE    REV.    8.    C.    FESSENDEN,    OF    ROCKLAND. 

24.  THE  MAINE  LAW  HAS  WORKED  WELL.— In  1852  the  Rev.  J.  C.  LOVE- 
JOY,  in  his  famous  lecture  on  the  prohibitory  laws  in  regard  to  the  use  of 

*  Eeport  of  the  Mayor  of  Portland. 

t  From  Report  of  the  Eaaex  County  (Mass.)  Temperance  Convention  Committee. 

155 


CHAP.  I.]  RESULTS  OF  PROHIBITION  SEC.  25,  31 


intoxicating  drinks,  spoke  of  the  Maine  Liquor  Law  in  this  wise :  "  But  the 
Maine  Law  has  worked  well  in  Maine.  What  are  nine  months  in  the  life 
of  a  law  ?  It  shows  no  more  what  the  law  is,  nor  what  it  will  do  for  society, 
than  an  infant  nine  months  old  shows  what  kind  of  man  he  will  be."  But 
you  know  that  we  thought  it  was  a  very  likely  infant  at  that  time ;  it  did 
great  things  in  its  infancy  ;  it  has  done  greater  things  than  it  did  then,  so 
that  we  may  safely  predict,  judging  from  the  past,  that  long  before  it 
reaches  its  majority,  in  its  giant  hug  it  will  so  smother  the  traffic  in  intoxi- 
cating liquors  as  a  beverage,  that  of  this  traffic  it  will  be  said,  It  was  a 
shocking  monstrosity  in  its  day ;  it  was  and  is  not  now  anywhere,  for  the 
Maine  Liquor  Law  has  killed  it 
January  8, 1855. 

STATEMENT    OF    REV.    J.    C.    KNOWLTON,    OF    OLDTOWN. 

25.  QUITTING  THE  BUSINESS. — I  have  seen  tough  old  romsellers  quit  the 
business  voluntarily  for  fear  of  the  jail. 

26.  KEPT  SOBER. — I  have  seen  men  who  had  been  drunkards  for  years 
kept  sober  for  want  of  liquor. 

27.  WEEPING  FOR  JOY. — I  have  seen  wives  weep  for  joy  at  the  enforce- 
ment of  the  Maine  Liquor  Law. 

28.  THRIFT  AND  PROSP-ERITV. — I  have  seen  signs  of  thrift  and  prosperity 
wherever  the  Maine  Liquor  Law  has  been  enforced. 

February  7,  1855. 

STATEMENT  OF  REV.  WM.  MACDONALD,  OF  PORTLAND. 

29.  GENERAL  RESULTS  OF  THE  MAINE  LIQUOR  LAW. — I  can  state  that, 
under  the  operations  of  this  law,  I  have  seen  drunkards  made  sober ;  fami- 
lies, sunk  to  the  depths  of  poverty  and  wretchedness,  raised  to  competency 
and  respectability ;  rumsellers  abandon  their  business  and  engage  in  honor- 
able callings;  villages  and  cities  morally  transformed,  and  Sabbath-riots 
giving  way  to  the  sanctity  which  becomes  the  day.     I  have  seen  men  who 
fought  the  law  at  first  as  the  worst  law  in  the  world,  now  supporting  it  as 
one  of  the  best. 

February  6, 1855. 

STATEMENTS    OF    THE    LATE    REV.    D.    H.    MANSFIELD. 

30.  We  regret  to  state  that  the  author  of  the  following  contri- 
butions  has   recently  departed   this   life.     They  are   probably 
among  the  very  last  of  his  writings  for  the  press,  and  manifest 
the  depth  of  his  feelings  in  favor  of  the  Maine  Liquor  Law. 

31.  ORDER  AND  QUIET. — Among  the  numerous  benefits  already  resulting 
from  the  law,  no  one  can  have  failed  to  observe  that  it  has  promoted  the 
order  and  quiet  of  the  community.     I  know  by  personal  observation  that 
some  villages  in  Maine,  in  which  rowdyism  was  rampant  in  the  streets  be- 
fore the  enactment  of  the  law,  have  since  become  comparatively  quiet. 

156 


CHAP.  I.]  IN   MAINE  [Sec.  32-34. 

Even  in  localities  where  it  is  not  yet  strictly  enforced,  it  is  not  without  its  fa- 
vorable effect.  The  wretched  beings  that  swarm  about  the  low  haunts  of 
drunkenness  and  debauchery  are  impressed  with  the  necessity  of  keeping 
quiet  in  order  to  escape  detection.  There  is  not  half  the  disturbance  in  our 
cities  and  villages  as  formerly. 

32.  IMPROVEMENT  IN  THE  FOREIGN  POPULATION. — It  has  been  found 
favorable  to  the  sobriety,  industry,  and  consequent  welfare  of  our  foreign 
population.     A  gentleman  in  one  of  the  eastern  villages  of  Maine  assured  me 
that  "  before  its  enactment  many  of  the  Irish  laborers  could  not  be  depended 
on  for  a  '  long  job,'  but  that,  since  they  could  not  obtain  liquor,  they  were 
not  only  more  constantly  employed,  but  would  perform,  on  an  average,  one 
third  more  labor  than  before." 

33.  THE  MAINE  LIQUOR  LAW  is  GENERALLY  APPROVED.— I  have  al- 
ready said  that  a  very  large  majority  of  our  respectable  citizens  are  in  favor 
of  the  law.     I  will  add  that  some  of  its  violators  even  approve  it.     As  an 
instance  in  point,  the  proprietor  of  one  of  the  largest  and  best  patronized 
hotels  in  Bangor  said  to  me,  soon  after  the  passage  of  the  law,  "  I  am  glad 
it  is  passed.     I  hope  it  will  be  enforced.    I  agree  with  you  that  the  State 
would  be  much  better  without  rum  than  with  it ;  and  I  am  ready  to  quit 
the  sale  if  the  friends  of  temperance  will  see  that  others  are  prohibited ; 
but  I  am  not  willing  to  close  my  bar  while  others  are  permitted  to  go  on. 
Many  of  my  customers  would  leave  me  and  go  where  they  could  find  liquor ; 
and  thus,  in  the  general  result,  no  good  would  be  accomplished."    Now,  the 
sincerity  of  this  statement  I  will  not  doubt ;  but  I  was  pained  to  see  that 
this  influential  and  otherwise  amiable  man  had  not  moral  principle  enough 
to  overbalance  a  sordid  love  of  gain.     And  I  mention  the  incident,  mor« 
especially,  to  show  that  the  work  of  this  reform  must  of  necessity  devolve 
upon  those  who  have  attained  a  higher  elevation  of  character.    We  could 
wish  that  all  who  have  a  tithe  of  virtue  would  join  us  in  this  crusade ;  but 
this  is  too  much  to  hope.     The  battle  must  be  pushed  to  the  gate  by  the  true 
temperance  men ;  but  every  victory  will  add  others,  of  weaker  principle,  to 
their  ranks.     In  this  way  the  whole  mass  of  society  will  be  redeemed. 

34.  NECESSITY  FOR  IMPARTIAL  ENFORCEMENT. — It  must  be  confessed 
that  in  a  few  places  a  cowardly  policy  has  been  adopted  o'f  pouncing  upon 
the  lowest  slop-venders,  while  the  more  influential,  and  therefore  more  dan- 
gerous rumsellers — such  as  the  landlords  of  large  hotels — have  been  permit- 
ted to  go  "  unwhipt  of  justice."    This  miserable  course  can  not  fail  to  excite 
the  merited  condemnation  of  all,  and  to  bring  the  whole  matter  into  dis- 
grace.    The  reform  can  never  be  accomplished  in  this  manner.     Men  might 
as  well  hope  to  change  the  costume  of  a  nation  by  compelling  the  chimney- 
sweeps and  boot-blacks  to  adopt  the  proposed  reform.     Let  the  more  nearly 
respectably  landlords  be  made  the  first  examples  of  punishment.     The  high- 
er their  standing,  the  more  worthy  of  punishment. 

Decemlw  29,  1854. 

157 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  35-38. 

STATEMENT    OF    HON.    NOAH    SMITH,    JR. 

35.  PUBLIC  SENTIMENT. — I  reside  in  Calais,  a  place  of  some  6,000  inhab- 
itants.   I  was  a  member  of  the  Legislature  for  five  or  six  years,  and  was 
Speaker  of  the  House  last  session.    I  have  taken  a  good  deal  of  interest  in 
the  Maine  Law.    I  introduced  the  bill  in  the  House  when  it  was  passed. 
Its  operations  have  exceeded  the  anticipations  of  its  friends,  and  it  is  daily 
increasing  in  public  favor.     Public  sentiment  was  never  so  decidedly  in  its 
favor  as  at  this  present  moment,  and  no  organization  could  be  successfully 
brought  against  it.     Where  it  has  been  enforced,  the  results  have  been  good 
without  exception,  and  the  only  places  where  it  can  be  said  to  have  failed  in  its 
operations  are  where  they  have  had  Anti-Maine  Law  justices.     Our  justices 
are  appointed  for  seven  years,  and  are  removed  only  by  impeachment,  and 
such  a  thing  as  an  impeachment  never  came  within  my  knowledge.    There  are 
to  be  found  justices  hostile  to  the  operations  of  the  law,  but  that  will  remedy 
itself.     The  delightful  working  of  the  law  is  a  matter  about  which  there  is 
no  question  in  the  minds  of  those  who  have  given  the  subject  the  least  atten- 
tion.    Each  succeeding  Legislature,  since  its  enactment,  has  been  stronger 
than  the  preceding  in  favor  of  the  law,  and  never  was  so  strong  as  at  pres- 
ent.    I  have  not  known  the  operations  of  the  law  produce  any  harsh  feeling, 
or  any  alienation  of  feeling  in  any  neighborhood — not  more  so,  I  am  certain, 
than  the  execution  of  any  other  penal  law.     I  do  not  think  its  tendency  is 
to  produce  that  alienation  of  feeling  to  which  you  refer.     There  is  no  man 
who  is  at  all  acquainted  with  the  workings  of  the  law  will  say  that  it  has 
operated  injuriously. 

February  20, 1855.* 

STATEMENT    OF    THE    REV.  STEPHEN    THURSTON. 

36.  IMPROVEMENT  IN  THE  MAINE  LIQUOR  LAW. — The  Prohibitory  Law 
has  proved  a  great  blessing  to  this  State,  but  it  is  not  yet  perfect.     It  strikes 
me  that  a  provision  like  that  in  the  Vermont  law  would  be  an  improvement : 
That  if  any  man  shall  be  found  intoxicated,  he  shall  be  required  to  tell 
where  he  obtained  his  liquor  ;  and  if  he  refuses,  he  shall  be  imprisoned  un- 
til he  will  tell.     The  great  difficulty  has  been  to  get  proof. 

37.  "  ETERNAL  VIGILANCE." — As  "  eternal  vigilance  is  the  price  of  lib- 
erty," so  it  is  of  any  good  to  be  gotten  from  the  Maine  Liquor  Law.     Its 
opponents  never  sleep,  while  its  friends  are  apt  to  become  drowsy  and  re- 
miss in  the  cause.     Let  them  be  ever  awake,  fearless,  and  persevering,  and 
they  can  make  the  law  a  very  great  blessing 

February^,  1855. 

STATEMENTS    OF    THE    REV.    J.    W.    TURNER. 

38.  CHEERING  FACTS. — I  met  with   a  gentleman  recently  in  the  car 
coming  from  Boston,  who  said  that  having  traveled  for  twenty  years  past  in 

*  In  The  Maine  JAIW  Illustrated. 
158 


CHAP.  L]  IN  MAINE.  [SEC.  39,  40. 

the  State  of  Maine,  he  had  met  with  too  many  cheering  facts  on  every  side 
to  be  convinced  by  any  man  that  this  law  was  doing  no  good.  It  gives  me 
pleasure  to  corroborate  these  statements.  I  have  been  struck  with  some 
things  which  have  come  to  my  knowledge  since  residing  here  which  I  have 
witnessed  in  no  place  of  the  same  size  before — not  to  speak  of  the  general 
quietness  and  order  which  prevailed.  I  have  seen  during  the  whole  period 
of  my  residence  here — two  years — only  two  persons  intoxicated,  and  only 
two  common  street  beggars — all  four  foreigners,  although  I  am  in  different 
sections  of  the  city  every  day  when  at  home.  In  the  prosecution  of  my 
business  I  have  been  through  every  portion  of  the  State,  and  every  county 
except  two,  and  have  not  seen  ten  persons  intoxicated ;  and  in  this  distance 
of  travel,  back  and  forth  of  more  than  1,800  miles,  I  have  not  actually  seen 
any  liquor  drank  or  sold,  except  in  a  single  instance,  and  that  was  among 
the  lumbermen  at  a  public  house  in  the  valley  of  the  Aroostook. 

39.  A  RECLAIMED  RTJMSELL.ER. — Not  long  since  I  fell  in  company  with 

an  old  acquaintance,  a  clergyman  from  P ,  New  Hampshire.    He  spoke 

of  the  influence  of  the  Maine  Liquor  Law  over  the  rumseller,  and  over 
the  most  hopeless  drinker.    A  man  lived  at  N.  B.,  in  the  State  of  Maine, 
who  owned  considerable  property,  and  yet  kept  a  low  grog-shop.    It  was  his 
uniform  habit  to  sell  a  hogshead  of  rum  every  month  regularly,  and  some- 
times in  three  weeks.    He  was,  moreover,  his  own  customer.     He  would  sell 
enough  to  others  to  furnish  his  own  drinks  free,  and  make  a  profitable  busi- 
ness besides.    He  was  sure  to  get  well  "  over  the  bay"  himself  pretty  early 
every  day ;  but  he  would  manage  so  as  not  to  make  any  foolish  bargains 
while  in  a  state  of  intoxication,  and  thus  held  on  to  his  property.     He  would 
sometimes  shamefully  abuse  his  wife  and  children.     He  was,  withal,  a 
staunch  Democrat.     So  soon  as  the  Maine  Liquor  Law  was  passed,  he  said, 
"  I  am  for  order,  though  I  may  not  like  the  law ;  so  long  as  it  is  the  law  of 
the  land,  I  am  bound  to  obey  it,  and  shall  obey  it."    The  word  had  gone 
forth.    He  stopped  selling ;  shut  up  his  shop  at  once ;  moved  on  to  a  farm, 
which  he  owned  a  little  way  from  the  village ;  encouraged  his  family  to  go 
to  church  ;  said  it  was  best  not  to  depend  upon  hire,  so  he  bought  a  pew  for 
them  and  went  with  them  himself;  became  a  different  man,  and  his  family 
became  one  of  the  happiest  families.    Had  it  not  been  for  the  passage  of  the 
Maine  Liquor  Law,  in  all  human  probability  this  man  would  never  have 
changed  his  course,  and  nine  chances  to  one  he  would  have  found  a  drunk- 
ard's grave. 

40.  A  FAMILY  SAVED  FROM  RUIN. — A  family  removed  from  Maine  to 

P ,  New  Hampshire,  some  twenty  years  ago.    The  husband  and  father 

was  a  hard  drinker ;  he  grew  worse  and  worse  in  the  midst  of  new  and  dis- 
solute companions ;  he  drank  up  all  he  could  earn.     After  a  year  or  two  at 
their  new  home,  the  wife  and  mother,  an  industrious,  economical,  and  vir- 
tuous woman,  said  to  her  husband  one  day,  "  You  may  have  all  your  own 
wages,  and  if  you  will  you  may  drink  them  up,  only  you  shall  not  ask  me 

159 


CHAP.  L]  RESULTS  OF   PROHIBITION  [SEC.  41. 

for  my  earnings  nor  interfere  with  my  plans.  My  mind  is  made  up !  I  will 
agree  to  meet  my  own  expenses  and  support  the  children,  if  you  will  only 
support  yourself  or  let  me  alone.  Yea,  more,  I  will  take  boarders  and  try 
to  save  a  little  every  year."  The  man  was  rather  pleased  with  the  resolute- 
ness and  calculation  of  his  better  half.  The  bargain  was  made  and  faith- 
fully kept.  The  husband  was  true  to  his  part,  and  more  especially  the  first 
clause.  The  wife  succeeded  in  laying  up  about  a  hundred  dollars  annually 
for  sixteen  successive  years.  Then  she  bought  her  a  little  place,  paying 
down  for  it  in  the  saved  money.  About  this  time  the  Maine  Liquor  Law 
passed  in  our  State.  "  Now,"  said  the  wife  to  her  husband,  "  I  am  going 
back  with  my  children  to  live  under  the  Maine  Liquor  Law,  there  to  bring 
up  my  family,  and  you  may  go  with  me.  I  should  like  to  have  you,  pro- 
vided you  will  behave  yourself  as  you  ought.  I  am  going  to  sell  my  place 
here,  and  buy  a  little  farm  down  in  Maine,  and  you  shall  take  care  of  it, 
and  it  shall  be  yours,  if  you  will  only  keep  sober."  Again  the  bargain  was 
made.  The  husband  was  delighted  with  the  change.  He  was  now  away 
from  temptation.  The  burden  was  rolled  off.  He  reformed.  The  family 
were  happy  and  once  more  went  to  church  together.  That  is  about  two 
years  ago.  This  man  has  only  had  one  fit  of  intoxication  since.  Then  he 

went  back  to  P ,  was  surrounded  by  his  old  companions  and  temptations, 

and  was  beastly  drunk  every  day  for  a  week.    He  got  sick,  and,  ashamed  of 

such  a  course,  hurried  home,  solemnly  affirming  he  would  never  go  to  P 

again.  He  has  done  nobly  since,  and  now  he  is  one  of  the  strongest  of 
the  strong  Maine  Liquor  Law  men.  He  knows  that  this  law  has  done  him 
and  his  family  more  good  than  any  other  measure  devised. 

April  3,  1854. 

STATEMENTS  OF  CHARLES  H.  DE  WOLFE,  ESQ. 
41.  THE  IMPORTATION  OF  LIQUOR  MUST  BE  PROHIBITED. — I  have  been 
nearly  all  over  Maine,  since  as  well  as  before  the  passage  of  the  Maine 
Liquor  Law,  and  notwithstanding  there  is  still  much  liquor  drank,  I  think 
the  traffic  has  been  curtailed  one  half  ;  and  by  a  rigid  enforcement  of  the 
law  may  still  be  reduced  twenty -five  per  cent.  more.  There  is  a  class  that 
drink,  that  State  law  can  not  reach ;  and  any  thing  like  a  complete  anni- 
hilation can  not  be  expected  so  long  as  Congress  allows  our  revenues  to  be 
augmented  by  such  a  price  of  blood  !  as  that  gained  by  importation  of  al- 
coholic liquors.  I  am  happy  to  say  that  I  learn  that  the  President  of  your 
Maine  Law  Statistical  Society,  Hon.  S.  MAY  ALL,  of  Maine,  has  given  notice 
of  his  intention  to  introduce  a  bill  into  Congress  in  relation  to  the  prohibi- 
tion of  the  importation  of  all  alcoholic  beverages  into  this  country.  That 
object  must  be  accomplished  before  you  triumph.  There  can  be  no  doubt 
that  each  and  all  of  the  States  in  this  Union  will  soon  adopt  the  Maine 
Liquor  Law.  If  so,  a  mighty  work  will  have  been  done.  Then,  if  Congress 
comes  up  to  the  rescue,  a  death-blow  will  be  struck  at  the  monster! 
160 


CHAP.  L]  IN  MAINE.  [SEC.  42,43. 

42.  MAINE  IN  CONTRAST  WITH  OTHER  STATES  AND  COUNTRIES. — Some 
wiseacres  tell  us  that  the  mischief  all  lies  in  the  "  bad  liquor"  the  adultera- 
tions and  drugged  compounds,  etc. ,  and  that  in  the  vine-growing  countries 
they  have  little  or  no  drunkenness.     That  is  all  gammon,  or  ignorance  of 
the  facts,  to  say  the  least.     Never,  in  the  palmiest  days  of  Anti-Maine  Law 
freedom  to  guzzle,  did  I  see  more  inebriety  and  beastly  intoxication  than  I 
saw  in  Italy,  on  the  Rhine  in  Germany,  and  in  France,     Then  to  talk  about 
pure  imported  juice  of  the  grape  !  (?)     London  alone  uses  more  champagne 
annually  (to  say  nothing  of  the  real  pain)  than  France  has  ever  produced 
in  the  same  period.     I  have  seen  four  acres  in  one  cellar,  containing  70,000 
casks  of  " pure  wine"  (?)  in  one  of  those  London  wine  cellars,  fittest  emblems 
of  hell  I  ever  saw;  the  "  fumes  of  the  pit"  envelop  you  like  a  dense  fog,  as 
you  pass  into  this  "  outer  darkness"  with  a  flambeau  in  hand  and  a  guide 
to  "  deliver  you  from  the  lowest  hell."    Never  did  I  feel  prouder  of  MAINE 
than  when  visiting  the  gin  palaces  of  London,  where  fallen  angels  (enticing 
females)  stand  behind  the  bars  to  deal  out  "  liquid  fire  and  distilled  damna- 
tion" with  smiles  and  bows,  while  passing  the  silver  chalice  of  hidden  death ! 
To  realize  Maine's  proud  position  one  must  contrast  her  with  other  States 
and  countries. 

February  9,  1855. 

STATEMENTS    OF    THE    MAINE    STATE    TEMPERANCE    SOCIETY. 

43.  ECONOMY  OF  THE  MAINE  LIQUOR  LAW.— A  tract,  issued  by  the 
Maine  State  Temperance  Society,  makes  the  following  remarks  on  this  sub- 
ject :  "  Before  the  enactment  of  the  Maine  Liquor  Law  there  were  expended 
by  the  people  of  this  State  annually  for  strong  drinks,  at  the  lowest  esti- 
mate, more  than  TWO  MILLION  of  dollars,  and  this  expenditure  involved  a 
loss  to  the  people  in  time,  diminished  industry,  in  unthrifty  habits  and  other 
sources  of  loss,  to  an  amount  of  at  least  two  millions  more ;  so  that  we  had  an 
expenditure  for  these  drinks,  directly  and  indirectly,  of  at  least  FOUR  MIL- 
LION of  dollars  per  year.    Now  what  is  the  result  to  the  State  of  this  great  ex- 
penditure for  strong  drinks  ?    Have  the  people  been  the  happier  for  it- 
better  fed,  better  clad,  better  sheltered,  better  educated  ?    No ;  but  just  the 
contrary.     This  enormous  amount  of  four  million  of  dollars  has  been  a 
dead  loss  to  the  people  year  by  year ;  and  even  worse  than  that,  for  they 
have  not  only  had  no  valuable  equivalent  for  it,  but  have  received  that 
which  undermines  their  morals,  and  tends  directly  to  their  impoverishment 
and  degradation ;  while  no  persons  are  benefited  by  the  rum  traffic,  except 
a  few  men  who  have  grown  rich  in  furnishing  the  means  of  ruin  to  their 
countrymen.     What  a  vast  amount  of  good  may  be  accomplished  by  four 
million  of  dollars  properly  expended !    That  sum  would  construct  a  rail- 
road every  year  as  costly  as  the  Atlantic  and  St.  Lawrence ;  would  furnish 
every  city  and  town  in  the  State  with  churches,  academies,  school-houses, 
and  libraries,  and  support  comfortably  all  the  pastors  and  teachers  neces- 

161 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  43. 

sary  for  them ;  would  construct  elegant  hospitals  for  the  gratuitous  accom- 
modation of  all  our  sick ;  asylums  for  the  reception  of  the  superannuated 
poor,  and  all  the  orphans  in  the  State  who  have  none  to  care  properly  for 
them;  and  would  endow  all  these  institutions  with  ample  funds;  would 
create  a  fund  whereby  all  our  State  and  municipal  taxes  might  be  paid, 
so  that  the  people  of  Maine  would  be  entirely  exempt  from  taxes  for  the 
support  of  government.  In  one  word,  the  entire  suppression  of  the  traffic 
in  intoxicating  drinks  within  our  borders  would  render  the  people  of 
Maine  in  a  few  years,  in  proportion  to  their  numbers,  the  richest  people  in 
the  world ;  they  would  be  the  most  virtuous  and  the  happiest  people ;  better 
fed,  clad,  sheltered,  and  educated,  and  more  industrious  and  prosperous, 
than  any  other  people.  Intemperance  would  be  entirely  unknown  among 
them,  except  as  yellow  fever  is  known  to  us  by  a  few  imported  cases  ;  our 
jails  and,  prisons  would  be  tenantless,  or  nearly  so ;  of  paupers  we  should 
have  none ;  or  if  any,  so  few  that  alms-houses  would  not  be  necessary,  and 
vice  and  crime  would  be  so  far  reduced  in  amount  as  to  be  scarcely  known 
to  exist  among  us.  Such  will  be  the  effect  of  the  Maine  Law,  if  it  remain 
upon  our  statute-books  and  be  steadily  enforced.  Men  of  Maine !  is  all  this 
desirable,  or  not  ?  Do  you  prefer  that  rumselling,  with  its  long  train  of 
fearful  evils,  shall  exist  among  us,  or  that  it  shall  be  suppressed,  that  we 
may  enjoy  the  wonderful  benefits  of  the  change  ?  For  many  generations  all 
the  governments  of  Europe  and  America  have  felt  the  rum  traffic  to  be  a 
great  evil,  and  have  endeavored  to  protect  their  people  from  its  effects  as  far 
as  possible.  All  these  governments  have  often  enacted  laws  to  regulate  and 
restrain  this  traffic ;  they  did  not  think  it  could  be  destroyed ;  but  Maine 
has  undertaken  to  expel  this  traffic  entirely  from  her  borders,  and  with 
wonderful  success.  The  civilized  world  is  now  looking  with  admiration  upon 
this  great  experiment ;  if  it  succeed,  the  people  of  Maine  will  be  happy  and 
prosperous,  and  all  the  nations  of  the  earth  will  follow  her  example ;  if  it  do 
not  succeed,  it  will  be  through  the  indifference  or  timidity  of  professedly 
good  men,  who  fear  to  resist  bad  men  in  their  efforts  to  overthrow  this  law, 
which  restrains  their  appetites  and  passions  and  affects  their  interests.  In 
the  year  during  which  this  law  has  been  in  existence,  its  effects  have  been 
more  decisive  and  salutary  than  its  warmest  friends  had  anticipated.  The 
wholesale  traffic  in  strong  drinks  has  been  entirely  annihilated  throughout 
the  State ;  the  grog-shops  are  very  few,  and  are  kept  in  dark  and  secret 
places,  so  that  temptation  is  entirely  removed  from  the  way  of  the  young 
and  inexperienced.  The  quantity  of  spirits  now  sold  in  the  State  can  not  be 
more  than  one  tenth  part  so  great  as  it  was  before  the  enactment  of  the 
Maine  Law,  so  that  the  saving  to  the  people  is  already  at  least  one  million 
eight  hundred  thousand  dollars  per  year.  The  result  of  this  can  be  seen  in 
the  improved  habits  and  circumstances  of  our  people.  Many  men,  formerly 
miserable  drunkards,  are  now  perfectly  sober,  because  temptation  is  removed 
out  of  their  way;  many  families,  before  miserable  and  dependent  upon  the 
162 


CHAP.  L]  IN  MAINE.  [SEC.  44, 45 

public  or  upon  charity  for  support,  are  now  comfortably  fed,  clad,  and 
lodged.  Our  alms-houses  are  not  crowded  as  they  were  ;  their  inmates  are 
greatly  diminished  in  number,  and  some  of  them  are  nearly  empty.  Our 
jails  are  almost  tenantless,  some  of  them  entirely  so;  our  houses  of  correc- 
tion are  now  almost  without  occupants,  and  all  this  because  few  men  be- 
come paupers  or  commit  crimes  except  under  the  influence  of  strong  drinks." 

PRINCIPAL    OPPONENTS    IN    MAINE. 

44.  The  principal  opponents  of  the  Maine  Liquor  Law  are 
JOHN  NEAL  and  The  State  of  Maine  newspaper.     The  following 
conversation  with  Governor  MORRILL  will  explain  their  character 
and  standing.     The  replies  are  by  the  Governor. 

Question.  How  do  you  account  for  JOHN  NEAL'S  recent  opposition  to  the 
law? 

A.  I  account  for  it — and  all  intelligent  men  account  for  it — simply  in  his 
personal  hostility  to  NEAL  Dow,  his  own  cousin.  JOHN  NEAL  was  ambi- 
tious to  be  Mayor  of  Portland,  and  was  defeated  by  NEAL  Dow,  and  from 
that  time  a  personal  hostility  commenced ;  I  have  never  heard  any  other 
opinion  given. 

Q.  Are  his  statements  in  regard  to  the  working  of  the  law  indorsed  by 
any  respectable  number  of  the  citizens  of  Portland  ? 

A.  My  own  impression  is,  that  his  opinions  on  that  subject  are  repudiated 
by  almost  every  respectable  man  in  Portland.  I  know  that  not  one  of  the 
1,700  of  a  representative  vote  which  I  received  in  Portland  would  indorse 
his  opinions  on  that  question.  Even  those  who  voted  against  me,  in  order  to 
keep  in  their  own  political  organizations,  the  members  of  the  Whig  party, 
and  of  the  Democratic  party,  the  hundreds  who  voted  for  Governor  PARIS 
and  for  Mr.  REED,  would  be  the  foremost  to  repudiate  JOHN  NEAL'S  state- 
ments on  the  workings  of  the  law. 

Q.  How  do  you  account  for  the  virulent  opposition  of  The  State  of  Maine 
newspaper  ? 

A.  I  account  for  it  by  saying  that  JOHN  A.  POOR'S  affinities  have  always 
been  with  the  rum  party. 

Q.  Are  the  statements  made  in  that  paper,  in  regard  to  the  working  of  the 
law,  to  be  relied  on  ? 

A.  His  paper  is  not  at  all  relied  on  in  Maine ;  it  has  neither  circulation 
nor  influence  in  Portland.  It  was  started  since  the  law  was  passed.  It  has 
strong  pro-slavery  proclivities,  while  the  temperance  people  are  anti- 
slavery.* 

45.  This  being  the  character  of  the  most  formidable  oppo- 
nents in  the  State  of  Maine,  the  friends  of  temperance  need  have 

*  From  The  Maine  Law  Illustrated. 

163 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  45. 

no  fear  that  this  State  will  relapse  into  neglect  of  this  law 
Whatever  is  said  to  the  disadvantage  of  the  Maine  Liquor  Law 
appears  generally  traceable  to  the  false  rumors  put  in  circulation 
by  these  political  peddlers.  In  Maine  their  assertions  carry  no 
weight,  but  at  a  distance  the  organs  of  the  rum  party  quote  them  as 
well-authenticated  statements.  The  very  name  assumed  by  one  of 
these  opponents — "  The  State  of  Maine" — has  an  imposing  sound  ; 
but  that  which  has  made  it  imposing,  and  which  will  give  it  the 
most  enduring  fame  in  the  world,  long  after  the  names  of  these 
mere  politicians  are  forgotten,  is  the  fact  that  in  the  State  of 
Maine  NEAL  Dow  originated  the  first  Prohibitory  Liquor  Law. 


It  was  well  understood  by  the  temperance  men  of  Maine,  that  any  law  which  should  entirely  extirpate  the 
rum  traffic  from  the  State  must  have  penalties  more  stringent  than  those  of  the  Maine  Law.  All  that  wan 
expected  of  that  enactment  was  that  it  would  entirely  stop  the  open  sale  of  intoxicating  drinks  ;  make  that 
traffic  disreputable  among  us,  and  drive  out  of  it  every  man  engaged  in  it  who  might  have  any  character  to 
lose,  or  any  regard  for  public  opinion  ;  and  so  much  it  has  thoroughly  accomplished. — Hon.  NKAL  Dow, 
December  25, 1854. 

CUMBERLAND   COUNTY. 

Importance  of  facia  relating  to  Cumberland  County — Population — Period  of  enforcement. 

STATEMENTS  OF  HON.  NEAL  Dow: — The  county  jail — Numerous  villages:  Scarborough, 
Saccarappa,  Baldwin,  Gorham,  Fryeburg,  Hiram,  etc. ;  also  Calais,  Fairfleld,  Scowhegan, 
Norridgewock,  the  Sandy  Eiver  Valley,  etc. 

AUBUKN. — From  Dr.  OAKES  : — Enforcement  of  the  law — Public  opinion — No  open  sale — 
Liquor  as  medicine. 

DURHAM,  WEST. — Population — From  Kev.  CHARLES  ANDREWS  : — Period  of  enforcement — 
Public  health— Reclaimed  from  intemperance — The  Sabbath. 

MINOT. — Population — From  Eev.  ELIJAH  JONES  : — Commencement  of  the  temperance 
reform — Period  of  enforcement — Public  health — Eeclaimed  from  intemperance — The 
effect  of  temptation— The  co-operation  of  the  States— Trade  and  general  prosperity- 
Education— Public  opinion— Evasion  of  the  Maine  Liquor  Law— The  election  of  Gov- 
ernor. 

NEW  GLOUCESTER. — From  Eev.  ASA  F.  HUTOTECNSON: — Period  of  enforcement — Public 
health — Eeclaimed  from  intemperance — Trade — The  Sabbath — Public  opinion. 

PORTLAND.— Population— Period  of  enforcement— Celebration  of  the  Nation?  1  Birthday— 
From  Eev.  THEODORE  L.  CUTLER. — From  Hon.  NEAL  Dow: — Public  sale  of  liquors  pro- 
hibited— Foreigners — Stopping  the  supplies— Novel  modes  of  concealment — The  whole- 
sale business— Distilleries— Eeception  of  the  Maine  Liquor  Law  by  the  people— No 

164 


CHAP.  H.]  IN  MAINE.  [SEC.  1-4. 

inducements  to  resist  the  law.  Evasions  of  the  Maine-Liquor  Law — Additional  provision* 
in  the  Maine  Liquor  Law — Effects  of  the  Maine  Liquor  Law  on  the  police  department — 
Committals  of  intemperate  persons — Seized  liquors — The  police  have  little  to  do — Reli- 
gious meetings  undisturbed— Effects  on  the  alms-house — Communication  of  the  Mayor 
to  the  Board  of  Aldermen  and  Board  of  Councilmen — Cheerful  and  quiet  submission  to 
the  law— Process  of  reclamation  from  intemperance— Public  regard  for  the  Maine  Liquor 
Law — Preservation  of  the  public  peace — The  Maine  Liquor  Law  triumphant — Consump- 
tion of  liquor — Regular  enforcement  of  the  Maine  Liquor  Law — Alms-house  returns — 
Alarms  of  flres,  etc. — Number  of  deaths — Commitments  to  the  house  of  correction  for 
drunkenness — The  house  of  correction  empty — Paupers  kept  sober — Convictions  for 
selling  liquor'— Seizures — The  watch-house. — Testimony  of  Mr.  MITCHELL,  city  mission- 
ary.— Testimony  of  Mr.  HADLEY,  minister  at  large — Conclusions  from  preceding  facts — 
Expenses  of  enforcing  the  Maine  Liquor  Law — Termination  of  NEAL  Dow's  mayoralty 
— Alms-house  statistics — Watch-house  statistics — House  of  correction  statistics — General 
results  of  the  first  year's  experiment — The  political  tricks  of  the  rum  party — The  wine 
and  liquor  merchants  of  Boston  subscribe  for  the  defeat  of  NEAL  Dow. — From  Mr.  Alder- 
man THOMAS: — How  NEAL  Dow  was  defeated — The  succeeding  election. — The  alms- 
house  statistics  since  1860— Statistics  of  house  of  correction.— From  Rev.  WM.  H.  HAD- 
LEY:— Poverty — Licentiousness — The  last  results  of  drinking — Applications  for  relief—- 
The contrast — Opinions  of  the  poor— Consumption  of  liquor. — From  The  Maine  Law 
Illustrated:— Liquor  traffic  superseded  by  honest  trade.— From  Rev.  E.  D.  PECK— Re-t 
claimed  from  intemperance— New  churches  erected— Sabbath  schools.— From  Rev.  WM. 
MACDONALD  :— Public  health— Reclaimed  from  intemperance— Trade— The  Sabbath- 
Attendance  at  church— Public  opinion— False  reports  and  their  antidote— Statement  of 
the  citizens  of  Portland— Commercial  prosperity  of  the  city— Concluding  remarks. 

1.  THE  facts  in  relation  to  Cumberland  County  (being  the  one 
in  which  the  Maine  Liquor  'Law  originated)  are  of  the  greatest 
interest  and  importance  in  this  inquiry.     For  this  reason  we  have 
furnished  them  in  detail,  although  there  are  many  other  districts 
where  the  law  has  been  still  more  successfully  enforced. 

2.  Population  79,538. 

3.  PERIOD  OF  ENFORCEMENT.— The  Maine  Liquor  Law  came  into  effect 
on  the  2d  of  June,  1851,  but  as  notice  was  given  of  from  one  to  two  months 
by  the  authorities  before  the  law  would  be  enforced,  it  was  not  in  full  opera- 
tion until  the  1st  of  August. 

STATEMENTS    OF    HON.    NEAL    DOW. 

4.  COMMITMENTS. — To  the  county  jail : 

From  June  1,  1850,  to  March  20, 1851,  nine  months  previous  to 

the  enactment  of  the  Maine  Liquor  Law 279 

Corresponding  period  1851  and  1852,  after  the  enactment  of  the 
Maine  Liquor  Law 135 

Deduct  liquor  sellers  committed  under  the  law 72 

Deduct 63    63 

Difference  in  favor  of  Maine  Liquor  Law 216 

165 


CHAP.  H.]  RESULTS   OF  PROHIBITION  [SEC.  5. 

There  were  in  the  jail  on 'March  20,  1851,  before  the  enactment 

of  the  Maine  Liquor  Law 25 

Same  period  1852,  after  the  enactment  of  the  Maine  Liquor  Law    7 
Deduct  liquor-sellers  under  Maine  Liquor  Law 3 

4      4 

Difference  in  favor  of  the  Maine  Liquor  Law 21 

Showing  a  falling  off  of  eighty-three  per  cent,  in  the  short  period  of  nine 
months!  We  understand  that  the  jailer  of  that  year  made  the  remark,  that 
the  Maine  Law  had  damaged  him  (reduced  his  receipts)  more  than  five  hun- 
dred dollars  in  that  year.  The  commitments  to  the  jail  for  all  crimes  and 
offenses,  as  near  as  can  be  ascertained,  during  the  succeeding  years — 1852, 
'53,  '54— have  been  as  follows,  viz. :  140,  131,  144. 

5.  It  will  be  seen  that  notwithstanding  the  rapid  increase  of 
population  in  this  county,  and  the  numerous  commitments  for 
offenses  against  the  Liquor  Law,  the  number  of  persons  com- 
mitted every  year  has  remained  at  little  more  than  half  of  what 
it  was  in  the  nine  months  previous  to  the  enforcement  of  the 
Maine  Liquor  Law.  The  effects  on  separate  offenses  is  shown 
by  the  following  : 

From  August  1st.,  1850,  until  Dec. — committed  for  larceny 16 

Corresponding  period  in  1851 9 

Difference  in  favor  of  Maine  Liquor  Law 7 

From  June  1st  to  Sept.  30th,  1850 — committed  for  burglary,  etc 22 

Sameperiodin  1851 7 

Difference  in  favor  of  Maine  Liquor  Law 15 

But  we  have  one  other  very  significant  item  of  criminal  statistics,  which 
bears  upon  the  same  point,  and  it  is  that  at  the  term  of  the  District  Court  in 
Portland,  March,  1852,  but  one  indictment  was  found  for  larceny,  and  that 
was  the  result  of  mistake;  while  at  the  March  term  of  1851,  seventeen  in- 
dictments were  found.  These  results  have  been  obtained,  notwithstanding 
an  increased  vigilance  in  arresting  persons  found  under  the  influence  of 
strong  drinks.  Temperance  men  have  always  declared  that  almost  all  crime 
is  the  offspring  of  the  liquor  traffic,  and  never  before  was  the  truth  of  the 
declaration  so  completely  demonstrated.  The  records  of  criminal  courts 
always  show  that  in  any  community,  under  the  same  circumstances,  the 
per  centage  of  crime  to  the  population  is  nearly  uniform,  and  this  wonderful 
falling  off  of  crime  in  Cumberland  County  shows  beyond  all  possibility  of 
166 


CHAP.  II.]  IN  MAINE.  [SEC.  6-15. 

denial,  that  circumstances  of  some  sort  had  occurred  which  had  a  direct  and 
immediate  bearing  on  crime. 

6.  NUMEROUS  VILLAGES. — The  Portland  people  know  very  well  what 
were  formerly  the  facts  in  Scarborough,  Saccarappa,  Standish,  Baldwin, 
Gorham,  Fryeburg,  Hiram,  and  many  other  places  like  them,  where  for- 
merly rum  was  as  plenty  as  water,  and  where  now  not  a  grog-shop  exists. 
And  the  same  may  be  said  of  many  other  parts  of  the  State,  such  as  Calais, 
F airfield,  Skowhegan,  Norridgewock,  the  Sandy  River  Valley,  etc.,  where 
the  grog-shop  is  now  unknown. 

February  IS, 1855. 

AUBURN. 

7.   Population  2,840. 

From  Dr.  OAKES,  Kepresentative  for  Auburn. 

8.  ENFORCEMENT  or  THE  LAW. — The  law  has  been  enforced  pretty  well 
in  Auburn,  and  the  result  has  been  very  favorable. 

9.  PUBLIC  OPINION. — Public  sentiment  there  was  rather  against  it  at  its 
passage,  because  they  considered  some  of  its  features  oppressive,  particu- 
larly the  right  of  search  and  seizure.    Since  the  law  was  enforced,  the  oppo- 
sition has  gradually  diminished,  and  public  sentiment  among  all  the  better 
classes  is  in  its  favor.     There  were  several  seizures  of  liquors  made,  and  al- 
most all  the  cases  were  successful  in  leading  to  convictions ;  yet,  notwith- 
standing that,  the  feeling  in  favor  of  the  law  has  increased.     The  sellers 
generally  had  this  branch  connected  with  some  other  business,  and  they 
have  turned  their  attention  to  that  business. 

10.  No  OPEN  SALE. — We  have  no  place  for  the  open  sale  of  liquor  at 
Auburn.    We  have  not  even  an  agent  at  the  present  time. 

11.  LIQUOR  AS  MEDICINE. — So  far  as  my  medical  practice  goes,  I  think 
liquor  can  be  dispensed  with  even  as  a  medicine.     I  have  always  been  of 
opinion  that  it  does  more  harm  than  good,  even  as  a  medicine.    I  do  not  say 
that  it  is  never  useful,  but  I  do  say  that  the  balances  are  against  its  use  as 
a  medicine.     If  a  strictly  prohibitory  law  were  introduced  into  the  House, 
restricting  its  use  as  a  medicine,  I  would  most  certainly  vote  for  it. 

February  20, 1855.* 

DURHAM,    WEST. 

12.  Population  1,886. 

From  liev.  CHARLES  ANDREWS,  Methodist  Episcopalian. 

13.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  en- 
forced here  ever  since  1851. 

14.  PUBLIC  HEALTH. — There  has  been  a  marked  improvement  in  relation 
to  the  health,  moral  and  physical,  of  the  community. 

15.  RECLAIMED  FROM  INTEMPERANCE. — From  what  I  can  learn,  there 

*  From  The  Jfaine  Law  Illustrated. 

167 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  16-28. 

have  been  some  twelve  or  fifteen  persons  who  were  intemperate  before,  but 
who,  since  the  enforcement  of  the  law,  have  become  good,  sober,  and  accept- 
able citizens. 

16.  THE  SABBATH. — There  has  been  a  marked  improvement  in  relation 
to  the  observance  of  the  Sabbath. 

December  29, 1854. 

MINOT. 

17.  Population  1,734. 

From  Kev.  ELIJAH  JONBS,  Congregationalist. 

18.  COMMENCEMENT  OF  THE   TEMPERANCE   REFORM. — The  temper- 
ance reform  here  began  in  the  pulpit  and  the  church.    Sermons  were  preach- 
ed and  resolutions  passed  on  the  subject,  and  hence  it  extended  all  over  the 
town.    The  Maine  Liquor  Law  became  needful  to  restrain  a  very  few  who 
were  determined  to  sell,  and  we  did  what  we  could  to  secure  its  passage  and 
to  enforce  it. 

19.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  enforced 
here  ever  since  its  enactment  in  1851. 

20.  PUBLIC  HEALTH. — There  is  about  one  fourth  as  much  sickness,  fever, 
insanity,  etc.,  as  formerly.     Our  locality  is  favorable  to  health. 

21.  RECLAIMED  FROM  INTEMPERANCE. — In  this  vicinity  there  are  many 
who  were  formerly  intemperate  who  are  now  reclaimed,  and  who  have  Jbe- 
come  blessings  to  their  families.     Some  of  these,  however,  in  visiting  other 
States  where  there  ia  no  restraint,  have  been  seduced  with  drugged  liquor, 
and  have  fallen  into  their  old  habits. 

22.  THE  EFFECT*  OF  TEMPTATION. — One  man  who  had  been  reclaimed 
from  intemperance  by  the  operation  of  the  Maine  Liquor  Law,  having  been 
tempted  during  his  visit  to  a  rum-drinking  State,  died  of  intemperance  soon 
after  his  return  home,  leaving  a  young  wife  and  two  or  three  children. 

23.  THE  CO-OPERATION  OF  OTHER  STATES. — When  all  our  neighboring 
States  have  adopted  the  Maine  Liquor  Law  we  can  save  more  drunkards 
than  we  possibly  can  now.     We  need  this  co-operation. 

24.  TRADE  AND  GENERAL  PROSPERITY. — There  is  more  business  done ; 
families  are  better  fed  and  clothed,  dwellings  are  made  more  comfortable, 
and  our  store-keepers  do  not  often  have  to  sue  for  their  bills. 

25.  EDUCATION. — Better  school-houses  are  now  built,  more  school-money 
raised,  and  children  are  better  educated. 

26.  PUBLIC  OPINION. — The  general  opinion  of  respectable  citizens  is  de- 
cided and  firm  in  favor  of  the  law.    The  desire  is  that  the  law  be  made 
more  stringent,  if  amended  at  all,  so  as  not  to  receive  small  fines  for  the 
first  offense,  and  not  to  let  the  drunken  man  go  free  till  he  tells  where  he 
obtained  the  liquor.     At  this  time  such  views  are  gaining  ground. 

27.  EVASION  OF  THE  MAINE  LIQUOR  LAW. — All  laws  are  sometimes 
evaded,  as  those  against  smuggling,  counterfeiting  money,  etc.,  and  this 
can  not  be  expected  to  prove  an  entire  exception  to  the  rule, 

168 


CHAP.  H.]  IN  MAINE.  [SEC.  28-38. 

28.  THE  ELECTION  OF  GOVERNOR. — At  our  last  gubernatorial  election, 
out  of  335  votes,  only  15  were  for  the  rum  candidate,  180  for  the  Maine  Li- 
quor Law  candidate  [MORRILL],  and  the  balance  were  for  men,  reputed 
friends  of  the  Maine  Liquor  Law. 

January  26, 1855. 

NEW    GLOUCESTER. 

29.  Population  1,848. 

From  Eev.  ASA  F.  HUTCHINSON,  Free- Will  Baptist 

30.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  three  years  and  seven  months. 

31.  PUBLIC  HEALTH. — The  general  health  of  the  community,  in  relation 
to  fever,  insanity,  etc.,  has  improved. 

32.  RECLAIMED  FROM  INTEMPERANCE. — One  case  of  reclamation  from 
intemperance  has  come  within  the  scope  of  my  own  observation. 

33.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade 
as  a  result  of  the  Maine  Liquor  Law. 

34.  THE  SABBATH. — The  observance  of  the  Sabbath  has  been  increased 
from  the  same  cause. 

35.  PUBLIC  OPINION. — Respectable  citizens  are  almost  unanimously  in 
favor  of  the  Maine  Liquor  Law. 

February  1,  1855. 

PORTLAND. 

36.  Population  in  1850,  20,815  ;  in  1853,  22,500. 

37.  The  law  came  into  operation  in  this  city  on  the  2d  of  June, 
1851,  but  was  not  rigidly  enforced  until  the  August  following, 
Hon.  NEAL  Dow  being  mayor  of  city,  gave  time  for  the  rumsel- 
lers  to  dispose  of  their  liquor  before  the  law  was  enforced  which 
made  its  possession  for  the  purposes  of  sale  illegal.     Before  this 
rigid  enforcement  of  the  law  commenced,  however,  the  good  ef- 
fects of  prohibition  began  to  be  visible,  as  will  be  learned  from 
the  following  account  of  the  celebration  of  the  National  Birth- 
day.    Speaking  of  this  occasion,  which,  in  1851,  was  celebrated 
in  Portland  on  the  22d  of  July,  the  editor  of  the  Maine  Temper- 
ance Watchman  says,  in  reply  to  the  Bath  Mirror,  an  opposing 
journal : 

38.  We  had  nothing  to  do  all  day  but  to  perambulate  the  streets  for  the  very 
purpose  of  discovering  the  amount  of  drunkenness  on  that  occasion.  It  will 
be  recollected  that  we  had  quite  a  number  of  shows  in  town  that  day,  among 
them  a  circus,  and  the  occasion  and  its  other  allurements  drew  thousands 
from  abroad  to  our  city.  We  traveled  the  whole  length  of  the  city  several 

'      8  169 


CHAP.  H.]  KESULTS  OF  PROHIBITION  [SEC.  39-43. 


times,  crossed  it,  and  were  particular  to  visit  Fore  Street  (at  least  six  times), 
and  such  other  quarters  of  the  city  as  were  likely  to  draw  frequenters  to 
the  grog-shops.  WE  DID  NOT  BEHOLD  A  SINGLE  citizen  of  Maine  who  WAS 
THE  WORSE  FOR  LIQUOR,  and  we  were  on  the  watch  from  morning  until 
after  ten  o'clock  at  night.  We  did  see  some  drunkenness,  but  it  was  con- 
fined to  members  of  a  military  company  on  a  visit  from  Portsmouth,  N.  H., 
[where  it  was  legal  to  sell  liquor  by  license],  a  company,  we  will  add,  that 
reflected  no  credit  on  Portsmouth. 
January  5, 1855. 

From  Kev.  THEODORE  L.  CUTLER. 

39.  THREE  HUNDRED  GROG-SHOPS  EXTINGUISHED  IN  A  DAY. — It  was 
my  privilege  one  night  to  walk  with  NEAL  Dow  through  the  streets  of  Port- 
land to  see  whether  there  were  any  grog-shops  open,  but  we  could  not  find 
one.     Three  hundred  were  extinguished  in  one  day  in  that  city. 

40.  A  DISTILLERY  IN  RUINS. — The  distillery  was  in  ruins.      A  smile 
played  over  the  good  man's  [NEAL  Dow's]  face,  as  he  said:  "Ah!  my 
friends,  how  many  tears  have  we  stopped  by  stopping  the  manuufacture 
carried  on  in  that  building."     Compare  with  that  triumph  your  heroes  re- 
turning from  a  bloody  battle-field,  and  the  latter  are  insignificant  in  the 
contrast. 

November,  1854.* 

41.  In  September,  1851,  the  mayor  published  a  statement,  ad 
dressed  to  the  citizens  of  Portland,  from  which  we  make  the  fol- 
lowing extracts,  showing  the  results  of  the  first  three  months' 
experiment  of  the  Maine  Liquor  Law  in  that  city.  We  are  per- 
mitted to  publish  these  statements  as  contributions. 

From  Hon.  NEAL  Dow,  Mayor. 

42.  PUBLIC  SALE  OF  LIQUORS  PROHIBITED. — At  the  time  of  the  passage 
of  the  Maine  Liquor  Law  there  were  supposed  to  be  in  this  city  from  two  to 
three  hundred  shops  and  other  places  where  intoxicating  liquors  were  openly 
sold  to  all  comers.     At  the  present  time  there  are  no  places  where  such 
liquors  are  sold  openly,  and  only  a  very  few  where  they  are  sold  at  all,  and  that 
with  great  caution  and  secrecy,  and  only  to  those  who  are  personally  known 
to  the  keepers,  and  who  can  be  relied  upon  not  to  betray  them  to  the  au- 
thorities.    These  places — with  one,  possibly  with  two  exceptions — are  of  the 
lowest  character,  and  so  far  as  they  sell  these  liquors  at  all,  minister  to  the 
depraved  appetites  of  the  basest  part  of  our  population;  but  the  keepers 
of  these  places  will  soon  be  brought  to  justice,  so  that  the  traffic  in  intox- 
icating liquors,  to  be  used  as  a  drink,  will  be  entirely  extinguished  in  this 
city. 

43.  FOREIGNERS. — The  shops  which  I  allude  to  are  kept  almost  exclusive- 

*  Speech  at  temperance  meeting,  Tabernacle,  New  York  cily. 

170 


CHAP.  H.]  IN  MAINE.  [SEC.  44-60 

ly  by  foreigners ;  and  the  few  persons  who  are  now  brought  to  the  lock-up 
in  the  watch-house,  are  the  customers  of  those  establishments,  and  are 
themselves  foreigners  almost  without  exception. 

44.  STOPPING  THE  SUPPLIES.— The  stock  of  liquors  which  the  keepers 
of  these  places  had  on  hand  when  the  law  went  into  operation  will  soon  be 
exhausted,  and  some  difficulty  will  be  found  by  them  in  replenishing  their 
stores,  as  the  law  will  enable  us  to  stop  entirely  the  supplies  of  these  liquors, 
which  have  hitherto  been  received  by  railroad  and  steamboat. 

45.  NOVEL  MODES  OF  CONCEALMENT.— All  those  persons  who  are  now 
selling  these  liquors  unlawfully  in  Portland  are  doing  it  on  a  very  small 
scale ;  the  supplies  which  the  most  of  them  keep  on  hand  are  extremely 
limited  in  amount,  and  every  precaution  is  used  to  conceal  them  from  the 
police.     In  one  shop  searched  was  found  less  than  one  quart,  in  two  small 
bottles ;  in  another  were  found  only  three  bottles  containing  less  than  three 
quarts,  concealed  in  a  cellar  behind  a  board;  in  another  the  liquor  was 
found  under  the  floor,  buried  in  the  earth ;  and  some  has  been  found  in 
deeper  concealment. 

46.  THE  WHOLESALE  BUSINESS. — Three  months  ago  there  were  in  this 
city  several  wholesale  dealers  in  liquors,  but  at  the  present  time  there  is 
not  one.    The  wholesale  business  ceased  entirely  when  the  law  went  into 
operation. 

47.  DISTILLERIES. — There  was  but  one  distillery  in  the  State  at  the  time 
of  the  enactment  of  this  law,  though  another  was  in  progress  on  a  very 
large  scale.    Operations  on  the  latter  were  promptly  stopped,  and  the  other 
has  been  demolished.    At  the  present  time  there  is  no  distillery  in  this 
State. 

48.  RECEPTION  OF  THE  MAINE  LIQUOR  LAW  BY  THE  PEOPLE. — The  re- 
sults of  the  law  thus  far  have  been  more  salutary  and  decisive  than  its  most 
ardent  friends  had  any  right  to  anticipate.     Although  extremely  stringent 
in  its  provisions  and  summary  in  its  processes,  it  was  received  by  the  great 
majority  of  the  people  of  this  city  and  of  the  State  with  approbation,  and  by 
all  with  quiet  acquiescence ;  and  in  this  city  its  vigorous  execution  has  been 
attended  with  as  much  quiet  as  has  been  experienced  in  the  execution  of  any 
other  law  upon  the  statute-books. 

49.  No  INDUCEMENTS  TO  RESIST  THE  LAW. — This  law  holds  out  no  in- 
ducements to  resist  its  provisions,  but  makes  it  decidedly  for  the  interest 
of  all  to  yield  a  prompt  if  not  cheerful  obedience  to  its  requirements ;  and 
the  result  of  it  will  be  that  the  traffic  in  intoxicating  liquors,  to  be  used  as 
a  beverage,  will  be  entirely  suppressed  in  this  State. 

50.  EVASIONS  OF  THE  MAINE  LIQUOR  LAW. — But  some  persons  may  be 
found  who  will  make  attempts,  and  perhaps  successful  ones,  to  evade  this 
law  for  a  time,  and  risk  its  penalties  under  the  temptation  of  large  profits, 
and  thus  habits  of  intemperance  will  be  continued  in  a  considerable  number 
of  our  people,  particularly  of  our  foreign  population ;  but  steady  perse- 

171 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  51^55. 

verance  will  enable  us,  at  last,  to  bring  all  such  persons  to  justice,  or  to 
drive  them  from  the  business. 

51.  ADDITIONAL  PROVISIONS  IN  THE  MAINE  LIQUOR  LAW. — This  law,  as 
it  now  stands,  will  enable  the  people  of  this  State  to  suppress  the  traffic  in 
intoxicating  liquors,  except  in  a  few  low  shops  where  it  may  be  secretly  sold, 
when  some  additional  provisions  may  be  desirable  for  the  entire  extinguish- 
ment of  the  traffic,  and  to  prevent  it  from  reviving  when  the  vigilance  of  the 
authorities  shall  be  relaxed ;  and  I  am  confident  that  the  friends  of  tem- 
perance in  this  State  are  sufficiently  numerous  to  procure  the  enactment 
of  any  additional  provisions  they  may  think  necessary  to  accomplish  these 
objects. 

62.  EFFECTS  OF  THE  MAINE  LIQUOR  LAW  ON  THE  POLICE  DEPART^ 
MENTS. — The  operation  of  the  law  in  this  city  has  effected  a  marked  change 
for  the  better  in  every  department  which  is  under  the  care  of  the  police. 
The  night  police  have  comparatively  nothing  to  do ;  there  are  few  or  no 
street  brawls,  and  it  is  very  seldom  that  the  police  or  watch  are  called  upon 
to  interfere  in  any  quarrels  or  disturbances  of  any  kind  in  shops  or  houses 
in  any  part  of  the  city.  Before  the  enactment  of  this  law  scarcely  a  night 
passed  over  without  some  disturbance  of  this  description,  and  sometimes 
the  police  were  called  upon  to  quell  many  such  disturbances  in  a  single 
night. 

53.  COMMITTALS  OF  INTEMPERATE  PERSONS. — At  the  commencement 
of  the  present  year  scarcely  a  night  passed  over  without  the  committal  to 
the  watch-house  of  more  or  less  intemperate  persons,  and  sometimes  many 
such  were  committed  in  a  single  night.     The  practice  formerly  was  to  com- 
mit no  intoxicated  persons  who  were  quiet  and  able  to  get  home.     At  pres- 
ent the  orders  to  the  police  and  watch  are  to  arrest  all  persons  found  in  the 
streets  and  all  other  public  places,  either  by  night  or  by  day,  who  exhibit  un- 
mistakable signs  of  intoxication ;  yet  with  all  this  rigor  the  arrests  for  this 
cause  are  very  few,  sometimes  a  week  or  more,  and  once  a  fortnight  hav- 
ing elapsed  without  any  committal ;  and  were  it  not  for  the  low  grog-shops, 
kept  secretly  by  foreigners,  the  committals  to  the  watch-house  would  not 
amount  to  one  in  a  month,  and  this  difficulty  we  hope  to  remedy  within  the 
year. 

54.  SEIZED  LIQUORS. — The  watch-house  is  now  used  to  keep  seized  liquors 
in  instead  of  drunkards,  and  through  the  waste-ways  of  the  lock-up  con- 
demned liquors  are  passed  off  into  the  common  sewers  without  having  ful- 
filled their  mission  of  ruin  and  death  to  our  citizens. 

55.  THE  POLICE  HAVE  LITTLE  TO  Do. — I  am  assured  by  the  members  of 
the  police  and  watch  that  they  now  have  little  to  do,  while  before  the 
enactment  of  the  law  against  tippling  shops  their  number  was  insufficient 
to  preserve  entirely  the  quiet  and  peace  of  the  city  from  the  numerous  per- 
sons to  be  found  in  our  streets  at  all  times  of  the  night  more  or  less  excited 
by  strong  drink. 

172 


CHAP.  II.]  IN  MAINE.  [Sec.  56-60. 

56.  RELIGIOUS  MEETINGS  UNDISTURBED. — I  am  also  informed  on  suffi- 
cient authority  that  religious  meetings,  held  in  the  evening,  formerly  suf- 
fered serious  disturbance  and  interruption  from  persons  who  would  come 
there  from  oyster-shops  and  drinking  saloons,  strongly  excited  by  intox- 
icating drinks,  but  at  present  no  trouble  is  experienced  from  this  cause. 

57.  EFFECTS  ON  THE  ALMS-HOUSE. — The  operation  of  the  Liquor  Law 
has  not  yet  had  time  to  manifest  its  effects  upon  our  alms-house  establish- 
ment, yet  unmistakable  indications  are  already  observed  of  its  final  results 
in  that  direction.     There  were  in  our  alms-house,  June  2,  1851  [the  law 
was  approved  on  that  day],  116  persons.    On  the  first  Monday  of  August, 
85  ;  and  on  the  first  Monday  of  September,  81.     There  were  committed  to 
that  establishment, 

Persons. 

By  the  Municipal  Court,  in  June,  July,  and  August,  of  1850. . .  14 
By  the  overseers  in  the  same  months 11 

25    25 

In  the  corresponding  months  for  the  present  year : 

Persons. 

By  the  court 2 

By  the  overseers 6 

~8      8 
Difference  in  favor  of  Maine  Liquor  Law 17 

A  considerable  number  of  persons  now  remaining  in  the  alms-house  are  ad- 
vanced in  life,  or  imbecile,  or  otherwise  incapable  of  taking  care  of  them- 
selves ;  but  the  most  of  them  were  brought  upon  the  city  for  support 
through  the  direct  or  indirect  influence  of  strong  drink. 

58.  On  January  15th,  1852,  six  months  after  the  Maine  Liquor 
Law  had  been  in  operation,  the  mayor  addressed  a  communica- 
tion to  the  Board  of  Aldermen  and  Common  Councilmen,  from 
which  the  following  information  has  been  collected : 

59.  CHEERFUL,  AND  QUIET  SUBMISSION  TO  THE  MAINE  LIQUOR  LAW. — 
From  the  first  the  prompt  and  energetic  execution  of  the  law  in  this  city 
was  submitted  to  cheerfully  and  quietly.     The  wholesale  dealers  in  spirits 
promptly  abandoned  the  business,  which  it  was  impossible  to  carry  on  a 
single  day  under  this  law ;  and  all  those  retail  dealers  who  had  any  self-re- 
spect pursued  the  same  course,  without  waiting  for  the  execution  of  a  statute 
which  regards  and  treats  the  keeper  of  a  grog-shop  as  a  criminal  of  the  low- 
est grade. 

60.  PROCESS  OF  RECLAMATION  FROM  INTEMPERANCE. — Many  persons 
who  were  habitually  intemperate  abandoned  the  use  of  strong  drinks  at  first 

173 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  61-66. 

from  the  difficulty  of  procuring  them ;  and  afterward  they  were  fully  sensible 
that  they  and  their  families  were  much  better  without  them. 

61.  PUBLIC  REGARD  FOR  THE  MAINE  LIQUOR  LAW. — I  have  reason  to 
believe  that  the  law  is  every  day  becoming  more  firmly  fixed  in  the  favor- 
able regards  of  the  people  of  this  city  and  State,  and  I  am  confident  that  no 
retrograde  step  will  be  taken  here  in  relation  to  this  subject. 

62.  PRESERVATION  OF  THE  PUBLIC  PEACE. — The  salutary  effects  of  this 
law  are  more  immediately  seen  in  all  those  departments  of  our  affairs  which 
fall  under  the  care  of  the  police,  and  the  returns  of  commitments  to  the 
•watch-house  and  house  of  correction  will  show  something  of  the  difference 
in  this  department  between  the  present  and  past  years.     But  these  returns 
will  not  exhibit  the  actual  difference,  because  the  police  and  watch  during 
the  present  year  have  been  more  strict  than  they  formerly  were  in  arresting 
persons  found  in  a  state  of  intoxication.    Our  streets  are  now  so  much  more 
quiet,  particularly  at  night,  than  they  were  the  last  year  or  any  year  be- 
fore, that  the  difference  can  not  be  understood  very  clearly,  except  by  those 
connected  with  the  night  police  and  watch.     This  is  attested  by  the  city 
marshal,  the  captain  of  the  watch,  and  by  Mr.  CURTIS  MESERVE,  a  bank 
•watchman,  who  is  in  the  streets  every  night,  and  in  those  parts  of  the  city 
where  disturbances  would  be  most  likely  to  occur,  and  he  speaks  strongly 
of  the  great  improvement  in  this  respect.     Street  disturbances  of  any  kind 
no  longer  occur  in  the  city.     Fore  Street,  from  Union  to  Center  Street,  fre- 
quently required,  during  the  last  year,  the  services  of  four  policemen — par- 
ticularly on  Saturday  evenings  and  Sunday  nights — and  they  were  often  too 
few ;  but  now  that  locality  is  as  quiet  at  all  times  as  any  other  part  of  the 
city,  and  receives  no  extra  attendance  from  the  police. 

63.  THE  MAINE  LIQUOR  LAW  TRIUMPHANT. — The  number  of  persons 
who  continue  to  sell  strong  drink  in  the  city  is  now  very  small.     They  are 
almost  all  foreigners,  and  they  sell  with  great  secrecy  and  caution.     An 
open  rum-shop  or  bar  of  any  kind  is  entirely  unknown.     A  barrel,  keg,  or 
other  vessel  of  liquors  is  not  to  be  seen  in  the  city  at  all  except  at  the  city 
agency.     The  law  has  executed  its  mission  with  more  ease,  certainty,  and 
dispatch  than  was  anticipated  by  its  most  ardent  friends.    It  has  been  most 
triumphantly  successful. 

64.  CONSUMPTION  OF  LIQUOR. — I  think  it  is  not  an  exaggeration  to  say, 
that  the  quantity  of  intoxicating  liquor  sold  now  in  this  city  is  not  one  fif- 
tieth part  so  great  as  it  was  seven  months  ago.     The  salutary  effects  of 
this  great  improvement  are  apparent  among  the  people  in  all  parts  of  the 
city. 

65.  REGULAR  ENFORCEMENT  OF  THE  MAINE  LIQUOR  LAW. — I  have 
now  adopted  a  regular  system  by  which  the  power  of  the  law  to  exclude  in- 
toxicating liquors  from  the  city,  except  for  lawful  purposes,  will  be  fully 
tested. 

66.  ALMS-HOUSE  RETURNS. — The  master  of  the  alms-house  has  submit- 
174 


CHAP.  II. ]  IN  MAINE.  [SEC.  67-69. 

ted  to  me  the  following  returns,  which  show  the  effect  of  the  law  upon  that 
establishment : 

1850. — Number  of  persons  admitted  from  Jan.  1st  to  Dec.  31st 290 

1851.—        "  "  "  "  "  "  262 

Difference  in  favor  of  the  law 28 

Average  number  throughout  the  year,  106. 

1850. — Number  of  families  assisted  out  of  the  house  from  June  1st  to 

Dec.  31st 60 

1851. — Number  of  families  assisted  out  of  the  house  from  June  1st  to 

Dec.  31st 40 

Difference  in  favor  of  the  law 20 

Average  number  of  persons  in  the  alms-house  in 

1850.  1851.  Decrease. 

June 110 92 18 

July 112 85 27 

August 95 81 14 

September 88.... 85 3 

405 343 62 

Being  a  difference  of  62  in  four  months  of  Maine  Liquor  Law  experience. 
The  superintendent  states  that  this  favorable  report  he  is  enabled  to  make 
is  in  consequence  of  the  suppression  of  the  sale  of  liquor. 

67.  ALARMS  OF  FIRES,  ETC. — These  were  on  the  increase  up  to  the  pe- 
riod of  the  passage  and  approval  of  the  Maine  Liquor  Law,  as  will  be  seen 
below : 

1850. — From  February  to  May  inclusive 13 

1851.—          »  "  "         24 

Being  an  increase  of  11.  But  after  the  passage  of  the  Maine  Liquor  Law, 
in  the  four  succeeding  months,  there  were  only  five  alarms  of  fire,  and  in 
the  corresponding  months  of  the  preceding  year  there  were  eight,  showing 
a  decided  decrease  from  the  time  of  the  enforcement  of  the  Maine  Liquor 
Law. 

68.  NUMBER  OF  DEATHS. — The  number  of  deaths  from 

.1850.— April  to  September  inclusive 216 

1851.—    "  "  "        182 

Difference  in  favor  of  the  law 34 

69.  These  statements  are  all  well  authenticated,  and  it  appears 
that  at  the  time  these  experiments  were  being  made,  the  city  of 

175 


CHAP.  IL]  RESULTS  OF  PROHIBITION.  [SEC.  70-75. 

Portland  was  increasing  its  population  at  the  rate  of  about  1,000 
a  year,  so  that  had  there  been  no  decrease  in  the  number  of 
criminals,  deaths,  etc.,  it  would  still  have  been  evident  that  the 
increase  of  these  evils,  which  was  for  years  previous  of  a  fear- 
ful character,  had  received  a  check  by  the  enforcement  of  the 
Maine  Liquor  Law. 

70.  COMMITTALS  TO  THE  HOTTSE  OF  CORRECTION  FOR  DRUNKENNESS  : 

I860.— From  June  1st  to  December  1st 40 

1851.— From  June  1st  to  October  16th  (the  Maine  Liquor 

Law  approved  June  2d) 8 

1851 . — From  October  16th  to  December  31st 0 

Decrease  in  favor  of  the  law 32 

From  January  1st  to  May  31st,  the  five  months  previous  to 

the  approval  of  the  Maine  Liquor  Law 34 

From  June  1st  to  December  31st,  seven  months  after  the 
approval  of  the  Maine  Liquor  Law 8 

Difference  in  favor  of  the  law 26 

The  House  of  Correction  is  now  EMPTY  ! 

71.  PAUPERS  KEPT  SOBER. — The  master  of  the  alms-house  adds,  that 
he  formerly  had  great  trouble  from  paupers  out  at  work  or  on  leave,  who 
would  return  in  a  state  of  intoxication,  which  was  an  every-day  occurrence. 
But  for  months  past  he  has  not  had  a  case  of  this  kind,  and  on  the  day  of 
the  cattle  show  he  let  them  all  out  on  leave,  and  all  returned  perfectly 
sober. 

72.  CONVICTIONS  FOR  SELLING  LIQUOR. — The  whole  number  of  con- 
victions before  our  Municipal  Court,  under  the  Maine  Liquor  Law,  for  sell- 
ing intoxicating  liquors,  101. 

73.  FINES  AND  COSTS  : 

The  amount  of  fines  imposed  for  selling  liquors $1,310  00 

Fines  imposed  for  keeping  liquors 360  00 

Costs  for  selling  and  keeping  "     37335 

Total $2,043  35 

74.  SEIZURES. — The  whole  number  of  seizures  of  intoxicating  liquors, 
about  50. 

The  value  of  liquors  seized,  nearly $5,000  00 

75.  THE  WATCH-HOUSE.— Committals  to  the  Portland  watch-house  : 
176 


CHAP.  H.]  IN  MAINE.  [SEC.  76-79. 


1850. 
43     

1851. 

25     

Decrease. 
18 

Tulv 

61     ..     .. 

21     

30 

60 

..     18     

32 

ScptembBr 

52        

34     

18 

October 

43      .  ... 

21     

22 

44 

23 

21 

December  .  . 

48 

.     11 

37 

Total 331     153     178 

76.  This  statement  does  not  show  the  actual  difference  in  the  number  of 
arrests  of  the  two  periods  of  1850  and  1851,  because  in  the  former  year  the 
practice  of  the  police  and  watch  was  to  allow  all  intoxicated  persons  who 
were  quiet  to  get  home,  if  they  were  able  to  accomplish  it,  and  often  such 
persons  were  aided  by  the  watch ;  but  during  the  corresponding  periods 
of  this  year  the  orders  to  the  police  and  watch  were  to  arrest  and  commit 
to  the  watch-house  all  persons  who  were  manifestly  under  the  influence 
of  liquor.    The  application  of  the  same  rule  to  the  corresponding  period  of 
1850  would  have  doubled  the  number  of  commitments. 

77.  FOREIGNERS. — At  least  nine  tenths  of  the  persons  committed  to  the 
watch-house  for  the  last  six  months,  were  foreigners  who  obtained  the  means 
of  intoxication  from  low  shops  or  cellars  kept  with  great  secrecy  by  their 
countrymen. 

78.  TESTIMONY  OF  MR.  MITCHELL,  CITY  MISSIONARY. — Mr.  MITCHELL 
has  been  city  missionary  for  many  years.     He  has  had  under  his  super- 
vision from  six  hundred  and  fifty  to  seven  hundred  families,  and  he  adds 
that  not  one  twentieth  of  intemperate  drinking  can  now  be  found  of  what 
existed  when  the  Maine  Liquor  Law  went  into  eifect.     In  his  constant  walks 
about  the  city  he  does  not  meet  one  intoxicated  person  a  day  ;  and  he  does 
not  recollect  more  than  five  or  six  cases  for  the  last  six  months  of  com- 
plaints of  wives  that  their  husbands  drink  too  much.     In  many  inveterate 
cases  which  he  knows,  where  both  husband  and  wife  drank  to  excess,  they 
are  entirely  reformed  through  the  effect  oT  the  law,  and  live  happily  to- 
gether. 

79.  TESTIMONY  OF  MR.  HADLEY,  MINISTER  AT  LARGE. — Mr.  HADLEY 
says  that  his  intercourse  is  chiefly  with  the  poorest  part  of  the  population 
who  are  out  of  the  alms-house,  and  especially  with  the  intemperate.    For 
the  quarter  just  ended,  compared  with  the  corresponding  period  ending 
December  31,  1850,  the  calls  made  upon  him  for  assistance  have  been  less 
than  one  seventh.    The  cases  where  relief  was  actually  aiforded  were  just 
one  sixth  as  many  as  they  were  during  the  same  months  of  1850.     The 
amount  given  in  the  three  months  of  1851  was  $1  to  $5  87  £  given  in  the 
corresponding  period  of  1850.      These  results  he  obtains  from  a  careful 
examination  of  his  books,  and  attributes  the  difference  entirely  to  the  fa- 

177 


CHAP.  II.]  RESULTS  OF  PROHIBITION  [Sac.  80-83. 

vorable  operation  of  this  law  upon  the  habits  and  domestic  economy  of  the 
people. 

80.  CONCLUSIONS  FROM  PRECEDING  FACTS. — These  statements,  collected 
from  various  sources,  all  pointing  significantly  in  one  direction,  can  not  fail 
to  satisfy  the  most  casual  observer  that  the  operation  of  the  Maine  Liquor 
Law,  if  steadily  enforced,  will  sweep  away  a  large  proportion  of  the  poverty, 
pauperism,  crime,  and  suffering  with  which  we  have  been  afflicted — the 
result  of  the  traffic  in  strong  drink.     I  consider  the  success  of  this  law  of  the 
highest  importance  to  the  interests  of  the  city,  and  to  the  prosperity  and 
happiness  of  the  people.     I  have  not  hesitated  to  exert,  for  the  accomplish- 
ment of  that  object,  all  the  power  conferred  upon  me  by  the  city  charter 
and  the  city  council.     It  seemed  to  me  to  be  necessary  to  pursue  such  a 
course,  because  the  bill  was  drawn  and  passed  under  circumstances  so  pecu- 
liar, that  the  people  of  the  State  turned  their  eyes  to  this  city  with  common 
consent,  to  observe  the  manner  in  which  it  should  be  executed  here.     The 
law  is  so  stringent  in  its  provisions,  and  summary  in  its  processes,  that 
many  persons  supposed  some  difficulty  might  be  found  in  executing  it ;  and 
a  firm  and  energetic  enforcement  of  it  in  this  city  was  necessary  to  encour- 
age other  towns  and  cities  in  the  State  to  do  the  same  thing,  and  to  demon- 
strate to  the  people  of  the  State  and  of  other  States  that  such  a  law  would 
be  effectual  in  extinguishing  the  traffic  in  intoxicating  liquors,  which  all 
acknowledge  to  be  an  unmitigated  curse  in  every  community  in  which  it  ia 
tolerated. 

81.  EXPENSES  OF  ENFORCING  THE  MAINE  LIQUOR  LAW. — On  the  12th 
of  June,  1851,  the  council  of  Portland  passed  the  following  order,  to  wit : 

Ordered,  That  to  give  full  force  and  effect  to  the  "Act  for  the  Suppression  of  Drinking 
Houses  and  Tippling  Shops,"  recently  enacted,  and  to  procure  the  full  benefits  thereof  to 
the  city  as  speedily  as  possible,  the  Mayor  be,  and  he  hereby  is  authorized  to  draw  his  or- 
ders on  the  Treasurer  from  time  to  time,  and  for  such  sums  as  he  may  judge  necessary  and 
proper  to  secure  the  prompt  enforcement  of  said  law. 

82.  If  the  suppression  of  all  our  grog-shops  could  have  been  effected  at  a 
cost  to  the  treasury  of  some  thousands  of  dollars,  it  would  be  regarded  as  a 
good  financial  operation ;  but  I  have  made  it  a  point  in  carrying  on  the  war- 
fare against  the  illegal  traffic  in  rum,  to  compel  the  enemy  to  pay  the 
expenses  of  the  campaign.     So  far  I  have  succeeded  in  accomplishing  this 
object,  and  I  am  confident  that  at  the  end  of  the  municipal  year  I  shall  be 
able  to  report  to  the  city  council  that  this  traffic  is  entirely  extinguished, 
and  that  the  city  has  not  paid  a  dollar  of  the  cost. 

83.  The  period  for  which  Hon.  NEAL  Dow  had  been  elected 
mayor  of  the  city  terminated  in  April,  1852.  He  has  favored 
us  with  the  following  facts  as  to  the  results  of  the  workings  of 
the  Maine  Liquor  Law  in  Portland  up  to  that  period  : 

178 


CHAP.  II. ]  IN  MAINE.  [SEC.  84,  86. 

84.  ALMS-HOUSE   STATISTICS  : 

Commitments  from  June  1,  1850,  to  March  20,  1851  (before 

the  law) 252 

Committed  from  June  1,  1851,  to  March  20,  1852 146 

Difference  in  nine  months 106 

Number  in  the  alms-house,  March  20,  185 1 112 

March20,1852 90 

Difference  in  favor  of  Maine  Liquor  Law 22 

Number  of  families  assisted  out  of  the  alms-house,  from  June 

1,  1850,  to  March  20,  1851 135 

From  June  1,  1851,  to  March  20,  1852 90 

Difference  in  nine  months  (one  third) 45 

Seventy-five  of  the  ninety  came  there  through  intemperance ;  four  of  the 
ninety  were  not  brought  there  through  that  cause ;  the  history  of  the  other 
eleven  is  not  known. 

85.  WATCH-HOUSE  STATISTICS. — The  watch-house  in  every  city  is  the 
peculiar  institution  which  gathers  up  all  the  odds  and  ends  of  humanity 
which  have  been  peeled  and  pulverized  by  the  grog-shops,  and  the  statistics 
of  the  watch-house  of  Portland  for  the  corresponding  portions  of  the  years 
1850,  '51,  will  show  the  same  effect  of  the  Maine  Law,  or  of  some  other 
cause ;  a  ad  if  not  the  Maine  Law,  what  was  it  ? 

Committed  to  the  watch-house  from  June  1st,  1850,  to  and  including 
March,  1851 431 

For  the  corresponding  period  of  1851, '52,  after  the  enactment  of  the 
Maine  Law 180 

Difference  in  favor  of  the  Maine  Liquor  Law 251 

A  deduction  of  almost  three  fifths.  These  results  were  obtained,  notwith- 
standing that  the  course  adopted  by  the  police  and  watch  of  1851  was  very 
different  from  that  of  1850.  During  the  former  year,  the  uniform  course 
was  to  permit  all  intoxicated  persons  to  make  their  way  home,  if  they  were 
able  to  do  so,  and  were  quiet ;  and  always,  we  believe,  peaceable  drunkards 
were  assisted  to  their  homes,  if  their  residences  were  known ;  there  was  no 
reason  for  pursuing  any  other  course.  But  during  1851,  after  the  enact- 
ment of  the  Maine  Law,  the  uniform  course  of  the  police  and  watch  depart- 
ment was  to  arrest  and  commit  to  the  watch-house  all  persons  who  were 
found  intoxicated,  in  order  to  discover,  through  them,  the  secret  grog-shop. 
Notwithstanding  this  policy,  the  commitments  fell  from  431  to  180  in  ten 
months. 

179 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  86-88. 

86.  HOUSE  OF  CORRECTION  STATISTICS  : 

Commitments  for  intemperance  from  June  1st,  1850,  to  March  20th, 

1851 46 

Commitments  for  larceny,  etc. ,  same  period 12 

58  58 

Commitments  for  same  period  to  March  20th,  1852 — for  intemperance  10 
"  "  "  "  "          "       for  larceny,  etc.       3 

13  13 

Difference  in  favor  of  the  law 45 

87.  GENERAL  RESULTS  OF  THE  FIRST  YEAR'S  EXPERIMENT. — During 
the  first  municipal  year  after  the  enactment  of  the  Maine  Law,  Mr.  Dow 
being  mayor  of  Portland  (says  the  editor  of  the  Maine  Temperance  Jour- 
nal}, that  enactment  was  enforced  with  rigor,  and  the  results  were  such  as  we 
have  already  shown  them  to  have  been.    The  grog-shops  were  entirely  closed, 
the  liquor  traffic  had  ceased,  even  at  the  hotels,  the  keepers  of  which  had  given 
to  the  mayor  a  declaration  in  writing,  that  in  good  faith  they  would  obey  the 
law,  as  had  also  almost  all  the  other  rumsellers  in  the  city.     The  change  in 
the  whole  appearance  of  the  city  was  very  great  and  for  the  better,  so  as  to 
attract  the  attention  of  the  most  casual  observer.     Some  liquors  were  se- 
cretly sold,  to  a  very  limited  extent,  almost  entirely  by  our  foreign  popula- 
tion, but  intemperance  was  rarely  seen  in  our  streets.     Fore  Street  was  as 
quiet  and  orderly  by  night  and  by  day  as  any  other  in  the  city. 

88.  These  facts,  and  the  diminution  of  the  wholesale  trade  in 
liquor,  alarmed  the  wine  and  liquor  merchants  in  Boston.     They 
could  see  clearly  that  if  NEAL  Dow  were  permitted  to  continue  in 
the  work  in  this  successful  manner,  their  business  would  soon  be  at 
an  end,  and  the  liquor  traffic  would  be  abolished.     They  accord- 
ingly subscribed  large  sums  of  money,  which  were  employed  by 
the  ex-rumsellers  in  Portland  at  the  spring  election,  not  for  the 
election  of  municipal  officers  openly  opposed  to  prohibition — that  no 
amount  of  money  or  influence  could  have  done — but  for  the  elec- 
tion of  men  who  were  ostensibly  in  favor  of  a  "judicious  enforce- 
ment of  the  law."     By  exerting  their  influence  in  this  underhand 
manner  they  succeeded  in  preventing  NEAL  Dow  from  being  re- 
elected,  and  the  result  has  been — although  not  equal  to  the  ex- 
pectations of  the  Boston  men,  who  thought  the  defeat  of  NEAL 
Dow  would  involve  the  overthrow  of  the  Maine  Liquor  Law — 

180 


CHAP.  H.]  IN   MAINE.  [SEC.  89-91. 

certainly  injurious  to  the  successful  prosecution  of  the  good  work 
in  the  city  of  Portland. 

89.  The  excitement  of  the  election  just  referred  to  had  never 
been  equaled  by  any  other  in  the  State  of  Maine,  showing  how 
deeply  were  the  feelings  of  the  people  interested  in  that  event, 
and  how  great  were  the  electioneering  means  resorted  to  to  effect 
the  defeat.  These  statements  are  confirmed  by  the  following : 

From  Mr.  Alderman  THOMAS,  one  of  the  Kepresentatives  of  the  city. 
90.  How  NEAL  Dow  WAS  DEFEATED. — Well,  you  may  not  understand 
why  NEAL  Dow  was  not  re-elected,  and  it  will  take  some  time  to  make  you 
acquainted  with  all  the  kinds  of  opposition  brought  against  him.  One  thing, 
however,  you  will  keep  in  mind  at  the  outset :  Mr.  Dow  had  a  majority  of 
the  legal  votes.  Many  people  were  brought  up  to  the  poll  who  had  no  right 
to  vote,  but  they  swore  that  they  were  so-and-so.  Some  of  them  were  re- 
jected at  the  poll.  There  were  hundreds  of  naturalization  tickets  brought 
from  Boston,  and  handed  to  parties  who  came  up  and  swore  on  these  tickets, 
and  thus  the  list  was  raised.  It  was  understood  that  these  tickets  were  bor- 
rowed for  the  occasion  in  Boston,  and  given  to  people  who  lived  in  the  coun- 
try and  had  no  kind  of  title  to  vote  in  Portland.  Two  men,  two  leaders  of  a 
party,  who  told  me  they  were  determined  to  hazard  any  amount  of  money 
to  defeat  Mr.  Dow's  election,  said  they  were  prepared  to  expend  from  $3,000 
to  $4,000  to  accomplish  that  object.  It  was  shrewdly  suspected  where  that 
money  came  from.  Then  Mr.  Dow's  opponent  was  no  mean  man.  He  was 
the  most  popular  man  in  the  whole  State  of  Maine,  and  was  a  friend  of  the 
temperance  movement.  It  was  not  Rum  versus  Maine  Law,  as  it  was  in  the 
election  of  our  Governor,  but  rather  the  Maine  Law  mildly  enforced  versus 
the  Maine  Law  put  right  through,  as  they  say.  The  representatives  of  the 
city  of  Portland  are  all  temperance  men.  No  other  than  a  temperance  man 
could  be  elected  to  represent  the  city.  You  can  not  at  the  present  time  elect 
a  rum  man  for  any  office  in  the  city  whatever,  by  popular  vote.  There  has 
not  been  a  time  in  the  history  of  Portland  when  the  temperance  party  has 
been  so  strong  in  all  respects — in  numbers,  in  intellect,  and  in  wealth — as 
at  this  present  moment.  No  party  in  the  city  would  think  of  putting  up 
any  man  for  election  to  any  office  in  the  city  who  was  not  a  bona  fide 
temperance  man.  I  do  not  think  there  has  been  in  this  city  one  single 
instance  of  resistance  to  the  law,  and  I  am  fully  convinced  that  no  sort  of 
combination  whatever  could  be  formed  by  any  party  to  prevent  the  passing 
of  a  more  stringent  law.  Our  ministers  of  all  denominations  are  united  in 
favor  of  the  law. 
•  February  10,  1855.* 

91.  Although  the  enforcement  of  the  law  with  the  vigor  and 

*  From  The  Maine  Laic  flluftvated. 

181 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  92,  93. 

promptness  which  can  best  secure  its  success  ceased  with  NEAL 
Dow's  administration,  its  favor  with  the  people  has  gone  on  in- 
creasing both  in  the  city  and  State,  as  is  evidenced  by  the  recent 
re-election  of  Hon.  NEAL  Dow  to  the  office  of  mayor. 

92.  THE  SUCCEEDING  ELECTIONS. — At  the  .two   succeeding   municipal 
elections  in  this  city  (says  the  editor  of  the  Maine  Temperance  Journal}, 
the  same  *'  moderate  and  judicious"  policy  was  adopted  and  persisted  in  un- 
til, by  the  appointment  of  our  present  municipal  judge,  it  was  completely 
run  into  the  ground.     The  result,  though  very  far  from  being  so  bad  as 
these  persons  desire  and  would  represent  it  to  be,  is  yet  very  different 
from  what  the  friends  of  temperance  wish.     These  men,  after  doing  the  ut- 
most in  their  power  to  prevent  the  operation  of  the  Maine  Law,  and  suc- 
ceeding to  a  considerable  extent,  turn  around,  and  endeavor  to  convince  the 
people  of  other  States  that  the  law  itself  is  a  failure,  while  in  fact  the  law  is 
not  permitted  to  have  a  fair  field  in  which  to  exhibit  its  power.     To  say 
nothing  of  the  rest  of  our  municipal  authorities,  it  is  sufficient  to  say  that 
our  police  force,  with  few  exceptions,  is  contemptible  beyond  power  of  de- 
scription ;  and  every  one  knows  that  a  respectable  and  efficient  police  force 
is  the  very  life  of  a  city  government.     The  Maine  Law  is  now  adopted  as  the 
settled  policy  of  the  State,  and  the  people  will  not  any  longer  allow  its  oper- 
ation to  be  embarrassed  by  inefficient  administration,  nor  by  corrupt,  igno- 
rant, or  prejudiced  judges. 

93.  Notwithstanding  the  inefficiency  of  the  rum-elected  officers 
in  the  enforcement  of  the  law,  the  severity  of  recent  winters  and 
the  rapid  increase  in  the  population  of  Portland,  we  find  that  in 
no  case  has  the  number  of  commitments  to  the  alms-house  reached 
the  number  which  occurred  in  1850,  before  the  enforcement  of 
the   Maine  Liquor  Law,  as  the  following  statistics  will  show. 
Calculating  from  the  statements  furnished  us,  we  find  the 

Commitments  in  1850 312 

"  "    1851,  partially  under  NEAL  Dow's  administration  ...  191 

Decrease  in  favor  of  NEAL  Dow's  enforcement  of  the  law 281 

Since  NEAL  Dow's  mayoralty : 

Commitments  in  1852 244 

1853 243 

1854 263    740 

Add  commitments  in  1851 - 190 

940 
182 


CHAP.  H]  IN  MAINE.  [SEC.  94,  95. 

Making  an  average  of  235  for  each  year  since  the  enforcement 
of  the  Maine  Liquor  Law,  which  is  77  less  than  the  number  of 
commitments  in  1850,  before  prohibition  came  into  operation. 
Now,  as  the  population  had  increased  about  3,000  in  these  four 
years,  or  about  one  seventh,  the 

Number  of  alms-house  commitments  (if  it  had  not  been  for  the  Maine 
Liquor  Law)  would,  by  increasing  with  the  ratio  of  population,  have 
been  in  1854 356 

While  with  the  amount  of  prohibition  enforced,  it  was 263 

Being  a  decrease  in  favor  of  prohibition  of 93 

It  will  be  seen,  therefore,  that  in  spite  of  all  the  wealth  of  Boston 
merchants,  and  the  political  schemes  and  contrivances  of  un- 
principled lawyers,  backed  by  judges  and  courts  well  prepared 
to  render  a  decision  favorable  to  the  interest  which  it  is  most 
profitable  to  serve,  we  are  enabled  to  show  a  diminution  of  this 
description  of  pauperism  of  nearly  one  third.  What  it  would 
have  been  if  NEAL  Dow  had  been  permitted  to  complete  the 
noble  work  he  had  begun  in  Portland  can  be  readily  seen  from 
the  facts  already  stated  of  the  results  of  his  first  nine  months' 
experiment. 

94.  The  statistics  of  the  House  of  Correction  since  1850  are 
equally  forcible  in  illustration  of  this  position  : 

Commitments  in  1850,  before  the  Maine  Liquor  Law 60 

"  1851,  after  "  "  48 

"  1852      "  "  "  38 

*'  1853      "  "  «  35 

1854      "  "  "  20 

The  extraordinary  reduction  in  the  last  two  years  is  accounted 
for  by  the  establishment  of  a  Reform  School,  where  some  pris- 
oners have  been  sent  who  otherwise  would  have  been  committed 
to  the  House  of  Correction.  But  in  1852  the  diminution  from 
60  to  38  can  be  attributed  to  no  other  cause  than  prohibition. 

From  Rev.  WM.  II.  HADLEY,  Minister  at  large. 

95.  POVERTY — I  entered  upon  the  duties  of  this  ministry,  an  entire 
stranger  in  the  city,  on  the  1st  of  April,  1849 — nearly  three  years  ago.    My 
first  endeavor  was  to  make  the  acquaintance  cf  as  many  cf  the  poor  as  pos- 

183 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEC.  96-98. 

sible — to  learn  their  history — the  causes  of  their  "  poverty  and  suffering," 
to  the  end  that,  if  possible,  the  true  remedy  might  be  discovered  and  applied. 
I  soon  came  to  the  conclusion,  from  the  most  careful  observations,  that  full 
seven  eighths  of  all  the  abject  poverty,  squalor,  and  suffering  of  the  poor 
in  this  place  were  the  results  of  intemperance.  My  subsequent  daily  ex- 
perience has  thoroughly  confirmed  this  opinion.  The  records  of  a  three 
years'  diary,  made,  I  think,  with  utter  impartiality,  confirm  it. 

96.  LICENTIOUSNESS. — I  made  a  more  thorough  investigation  of  the  char- 
acter and  habits  of  the  first  one  hundred  families  (which  I  had  taken  up  al- 
most indiscriminately,  having  been  attracted  to  them  chiefly  by  the  insignia 
of  poverty,  vice,  and  suffering)  than  I  have  subsequently  been  able  to  make 
in  regard  to  most  of  the  new  ones  added  from  time  to  time  to  my  list,  the 
increased  labors  of  my  calling  not  allowing  so  careful  examinations  in  many 
cases  afterward.     In  full  three  fourths  of  the  hundred  families  in  question, 
intemperance  prevailed  to  a  greater  or  less  degree,  and  a  part  or  the  whole 
of  the  means  of  subsistence  in  thirty  of  the  intemperate  ones  was  the  wages 
of  infamy.    Whether  this  latter  vice  is  in  any  measure  a  result  of  intem- 
perate drinking,  I  do  not  now  pretend  to  say.    But  I  have  not  found  persons 
addicted  to  licentious  practices  among  the  totally  abstinent. 

97.  THE  LAST  RESULTS  OF  DRINKING. — Since  my  residence  here,  and 
previous  to  the  passage  of  the  Temperance  Law,  five  persons  in  one  small 
neighborhood  have  died  of  delirium  tremens  ;  one  man  was  found  dead  in 
the  grave-yard  with  his  jug  of  rum,  its  contents  half  consumed,  by  his  side ; 
one  murder  and  one  highway  robbery — as  the  immediate  consequence  of 
excitement  by  strong  drink — have  been  perpetrated  within,  and  just  without 
the  precincts  of  the  city ;  three  cases  of  divorce  have  occurred  among  the 
people  of  my  special  charge,  in  each  of  which,  one  or  both  the  parties  came 
to  me  for  advice,  intemperance  being  the  sole  cause  in  each  case.    Almost 
all  the  truants,  and  juvenile  delinquents  of  every  description,  who  have 
come  under  my  notice,  and  they  are  numerous  enough,  were  children  of  in- 
temperate parents.     The  same  may  be  said  of  young  street  beggars,  which 
were  abundant,  but  have  now  almost  all  disappeared — and  of  more  than 
half  a  score  of  young  girls  of  my  acquaintance,  in  this  city,  who  have  gone 
to  infamy  and  ruin. 

98.  APPLICATIONS  FOR  RELIEF. — During  the  winter  of  1850-51,  scarcely 
a  day  passed  on  which  I  was  not  called  upon,  in  numerous  instances,  to 
render  relief  to  families  on  the  very  verge  of  starvation  or  freezing,  whose 
destitution  and  suffering  were  the  immediate  consequences  of  intemperance. 
Not  a  single  case  of  the  kind,  or  one  in  any  wise  analogous  to  it,  has  occur- 
red within  my  knowledge  for  six  months  past.     The  calls  for  relief  made 
upon  me,  in  cases  of  real  distress,  during  the  winter  in  question,  were  usu- 
ally from  five  to  twenty  daily — to  say  nothing  of  the  ordinary  calls  to  obtain 
employment,  etc.,  etc.     But  for  the  last  four  months,  a  period  embracing 
all  the  severity  of  our  long  winters,  I  have  not  had  five  urgent  calls  for  im- 

184 


CHAP.  II.]  IN  MAINE.  [SEC.  99,  100. 

mediate  relief  on  a  single  day,  and  according  to  my  exact  records  more  than 
twenty  secular  days  have  occurred  during  this  period  on  which  I  have  not 
had  a  single  application  for  relief.  I  have  not  witnessed  a  case  of  suffering 
as  the  immediate  consequence  of  intemperance  during  the  same  period ;  and, 
indeed,  I  have  scarcely  witnessed  any  suffering  during  this  time,  except  from 
sickness  and  pain,  to  which  all  classes  are  alike  subject.  Of  the  severity  of 
the  season  I  need  not  speak.  Rents  were  never  higher  in  Portland  than  at 
present,  particularly  of  such  tenements  as  the  poor  occupy.  Productive  em- 
ployment in  such  callings  as  poorer  classes  are  usually  adapted  to,  has  been 
peculiarly  difficult  to  obtain  during  the  winter,  and  for  want  of  it  many  of 
them  are  justly  complaining.  And  there  has  been  more  than  twice  as  much 
sickness  among  this  class  of  persons  for  the  last  two  months  as  during  any 
previous  two  months  of  my  residence  here. 

99.  THE  CONTRAST. — /  have  not  seen  a  person  intoxicated  for  three 
months,  and  only  one  or  two  who  appeared  to  be  in  the  smallest  degree  un- 
der the  influence  of  intoxicating  drinks.     Several  men  of  my  acquaintance 
who  were  habitually,  almost  daily,  drunk,  a  year  ago,  and  whose  families 
were  sustained  and  kept  from  perishing  by  the  hand  of  charity,  are  now 
sober,  and  have  been  earning — some  $1  00— some  $1  25 — some  ^.  50  per 
day,  through  the  winter,  and  their  families  are  living  comfortably  and  in- 
dependently.    Some  of  these  identical  families  were  often  entirely  destitute 
of  food  and  fuel,  sopaetimes  for  one  day,  sometimes  for  two,  at  once,  during 
the  winter  a  year  ago,  and  were  relieved  through  my  agency. 

100.  OPINION  OF  THE  POOR. — I  have  made  a  special  point  of  conversing 
with  very  many  poor,  intemperate  men  in  regard  to  their  opinion  of  the 
Temperance  Law.    Some  of  these  were  among  the  most  unfortunate  victims 
of  intemperance ;  and  I  have  not  found  among  them  all  a  single  opponent 
of  the  law,  or  one  who  would  have  it  repealed.    They  express  a  unanimous 
wish,  as  far  as  I  have  been  able  to  ascertain,  that  the  temptation  may  be 

entirely  removed.      Mr.  C.,  of Street,  a  noble,  generous-hearted 

American  seaman,  but  much  of  the  time  on  shore,  was  always  more  than 
"  half  seas  over,"  as  long  as  the  grog-shops  were  in  full  blast,  except  occa- 
sionally (as  I  had  full  opportunity  of  knowing) — when  he  was  accustomed 
to  shut  himself  up  in  his  house  for  a  day  or  two  at  once,  to  avoid  a  tempta- 
tion which  he  assured  me  he  had  not  the  moral  power  to  resist  when  it  was 
in  his  way.    Most  bitterly  did  he  lament  his  enslavement  to  the  cruel  tyrant, 
and  now  he  exults  in  the  overthrow  of  his  mortal  enemy.     I  have  several 
instances  of  the  kind  on  record  before  me — take  this  as  a  sample  of  many. 
I  believe  that  not  one  tenth  of  the  victims  of  a  depraved  appetite,  among  the 
poor  in  this  city,  who  suffered  most  from  intemperance,  are  opposed  to  the 
law,  but  rather,  they  would  gladly  see  it  rigidly  enforced  according  to  its 
true  intent. 

March  10, 1S52.* 

*  Massachusetts  Life  Boat  Extra. 

185 


CHAP.  H.]  .EESULTS  OF  PROHIBITION  [SEC.  101. 

101.  CONSUMPTION  or  LIQUOR. — One  of  our  most  respectable  merchants 
positively  asserts,  that  he  has  sold  four  times  as  much  himself  in  a  year  as 
he  has  any  reason  to  believe  has  been  sold  in  the  same  time  here  since  the 
enactment  of  the  law,  and  at  the  same  time  there  were  nine  or  ten  large 
wholesale  liquor  stores  in  the  city,  some  of  which  sold  much  more  than  he  did, 
to  say  nothing  of  what  was  sent  out  directly  from  the  distilleries.  If  there 
is  any  necessity  for  it,  I  presume  these  gentlemen  will  allow  me  to  use  their 
names,  but  I  choose  not  to  do  it  without  their  permission.  One  of  them  as- 
serts that  he  seldom  if  ever  sold  a  bill  of  goods,  in  the  times  alluded  to,  that 
was  not  headed  by  a  hogshead  of  N.  E.  Rum — next  a  barrel  of  W.  I.  Rum, 
etc.,  etc.  I  have  made  particular  inquiry  as  to  whence  came  the  foreign 
liquors,  wines,  brandies,  gins,  rum,  etc.,  and  the  uniform  response  has  been, 
"  They  were  manufactured  chiefly  in  Boston  and  New  York" — they  were 
**  mixed."  Now,  admitting  what  is  provable  to  a  demonstration,  that  about 
a  million  and  a  quarter  of  gallons  was  manufactured  here — and  what  ap- 
pears to  be  undoubted — that  almost  as  much  more  was  brought  here  from 
abroad,  besides  what  came  through  the  custom-house,  which  was  but  "  a 
drop  of  a  bucket,"  we  have  the  snug  little  amount  of  two  and  a  half  mil- 
lions of  gallons,  when  our  population  was  not  more  than  sixteen  or  seventeen 
thousand.  We  ought  to  have  at  least  four  millions  now,  to  make  the  equal 
proportion !  How  is  it  ?  Have  we  really  more  than  one  thousand  gallons  a 
week  brought  into  this  city  in  coat  pockets,  flour  barrels,  and  cases  in  imi- 
tation of  bibles  ?  I  do  not  believe  it.  It  is  true  that  there  is  a  little  illicitly 
smuggled  in,  and  that  occasionally  some  of  our  "promising"  young  men 
are  "  guzzling"  it  in  their  rooms.  What  then  ?  Why,  the  law  has  not  yet 
wholly  annihilated  the  use  of  alcohol,  nor  corrected  the  vicious  habits  of  all 
the  slaves  of  appetite.  But  it  has  closed  more  than  three  hundred  grog- 
shops— and  stopped  the  open  trade  entirely.  We  have  not  now  a  drop  man- 
ufactured here — none  comes  through  the  custom-house,  and  most  that  is  used 
is  secreted  in  Irish  dens.  Genteel  and  fashionable  families  make  some  use 
of  wines  and  liquors — not  a  fourth  part  as  much  as  formerly,  and  not  more 
than  they  did  three  years  ago.  But  perhaps  you  or  some  one  may  ask  if  the 
traffic  in  liquors  did  not  greatly  diminish  before  the  enactment  of  the  law  ? 
I  will  let  these  wholesale  dealers  answer — the  very  men  who  say  it  has  di- 
minished forty-nine  fiftieths.  None  of  these  have  put  the  diminution  at 
more  than  two  thirds,  before  June  '51 ;  most  of  them  say  one  half.  Call  it 
two  thirds.  Then  public  opinion  and  human  progress  diminished  it  from  its 
worst  state,  about  thirty -three  parts  (or  two  thirds),  and  the  Maine  Law 
sixteen  parts  (or  sixteen  seventeenths}  at  once  !  This  is  not  derived,  I  re- 
peat, from  the  special  friends  of  the  law,  but  partly  from  its  enemies,  and 
mostly  from  those  who  have  become  its  friends  by  seeing  its  operation. 
There  are  many  such  among  our  most  influential  citizens.  I  would  no  more 
dispute  a  man  who  says  that  there  is  more  drinking  in  Portland  than  ever, 
than  I  would  dispute  one  who  should  say  that  he  had  seen  TOM  THUMB  and 

'        186 


CHAP.  II.]  IN  MAINE.  [SEC.  102-105 

GOLIAH  standing  on  a  level,  and  that  TOM  was  a  head  and  shoulders  higher 
than  GOLIAH.  But  I  do  not  claim  so  much  for  the  law  as  my  informants 
allow.  I  do,  indeed,  think  that  the  sale  and  consumption  has  fallen  off 
forty-nine  fiftieths,  but  I  think  that  the  law  has  only  reduced  the  amount 
to  about  one  tenth,  on  the  whole,  of  what  it  was  three  years  ago. 
September  6, 1853.* 

From  The  Maine  Law  Illustrated. 

102.  LIQUOR  TRAFFIC  SUPERSEDED  BY  HONEST  TRADE.— "There,"  said 
NEAL  Dow,  as  we  drove  down  the  streets  with  him — "  there,  where  that 
harness-maker's  shop  is,  was  a  large  grog-shop ;  there,  the  next  door  but 
one,  was  another,  and  in  a  stone's  throw  I  could  point  you  to  twenty  in  the 
line  of  this  street ;  but  these  places  are  now  filled  by  honest,  industrious 
tradesmen." 

February  16,  1S55. 

From  Eev.  D.  E.  PECK,  Editor  of  the  Maine  Temperance  Journal,  the  leading  Temper- 
ance Organ  of  the  United  States. 

103.  RECLAIMED   FROM  INTEMPERANCE. — I  know  a  number  of  cases 
of  reclamation  from  intemperance — as  a  direct  result  of  the  Maine  Law — 
men  who  were  intemperate  previous  to  the  passing  of  the  law,  and  have 
since  become  sober  men.     Four  instances  have  come  under  my  own  observa- 
tion, and  there  are  many  others  in  the  city  of  which  I  have  been  credibly 
informed.     One  of  these  is  a  very  interesting  case.     He  was  a  miserable 
drunken  creature  before  the  passage  of  the  law.     During  Mr.  Dow's  mayor- 
alty he  could  not  get  a  drop  of  liquor,  and  was  from  absolute  necessity 
forced  to  go  without  it.     He  found  after  a  trial  that  he  could  do  without  it, 
and  he  has  since  become  an  industrious  man,  and  accumulated  some  little 
money.     He  and  his  wife  are  now  regular  in  attendance  at  the  church,  and 
his  family,  wretched  and  miserable  before,  are  now  comfortably  clothed. 
He  has  purchased  the  house  in  which  they  now  live,  and  a  great  part  of  the 
purchase-money  is  paid.     The  other  three  to  whom  I  alluded  have  become 
sober,  respectable  men. 

104.  NEW  CHURCHES  ERECTED. — Since  the  passing  of  the  law  five  new 
churches  have  been  erected  in  this  city.     I  remember  at  the  time  these 
churches  were  commenced,  objections  were  raised  by  some  that  it  would 
draw  off  the  people  from  the  old  congregations ;  but  such  has  not  been  the 
case.     Every  old  congregation  has  increased,  and  our  new  churches  are 
well  filled.     The  fact  is,  we  require  one  or  two  more  churches. 

105.  SABBATH  SCHOOLS. — With  regard  to  Sabbath  schools,  I  know  of 
many  children  now  attending  Sabbath  school,  who,  before  the  passing  of  the 
law,  were  children  of  intemperate  parents,  and  were  never  to  be  seen  at  a 
Sunday  school. 

February  14,  lS55.t 


*  From  Facts  from  Maine— Joss  NEAL'S  Charges  Refuted. 
\  In  The  Maine  Law  Illustrated. 


187 


CHAP.  II.]  RESULTS  OF  PROHIBITION  [SEC.  106-112. 

From  Kev.  WM.  M'DONALD,  'Methodist  Episcopalian,  Agent  of  the  Methodist  Episcopal 
Church  Annual  Conference. 

106.  PUBLIC  HEALTH. — Our  city  is  now  one  of  the  most  healthy  in  the 
world.     Health  has  very  much  improved  under  the  Maine  Liquor  Law. 

107.  RECLAIMED    FROM   INTEMPERANCE. — I  have  known  many  re- 
claimed by  the  Maine  Liquor  Law  who  were  sots  when  it  was  enacted. 

108.  TRADE. — I  have  been  informed  by  persons  in  business  that  trade  has 
improved  as  a  result  of  the  Maine  Liquor  Law. 

109.  THE  SABBATH. — I  can  speak  with  confidence  on  this  subject.    The 
observance  of  the  Sabbath  has  increased  wherever  the  Maine  Liquor  Law 
has  been  enforced. 

110.  ATTENDANCE  AT  CHURCH.— I  have  seen  many  at  church  since  the 
enforcement  of  the  law  whom  I  have  reason  to  believe  were  kept  away  be- 
fore through  the  influence  of  rum. 

111.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is, 
that  it  is  a  glorious  law ;  that  it  can  not  and  shall  not  be  repealed,  but 
perfected  until  it  shall  drive  every  rum-shop  out  of  the  world. 

February  6, 1855. 

112.  Numerous  statements  of  the  results  of  prohibition  in 
Portland  having  been  made  by  JOHN  NEAL  and  JOHN  L.  POOR, 
tending  to  mislead  the  people  in  distant  parts  of  the  country,  four 
hundred  and  thirty-three  of  the  most  reliable  citizens  of  Portland, 
headed  by  Mr.  CAHOON,  the  then  present  mayor,  Mr.  GREELY, 
the  former  mayor,  Mr.  WOOD,  who  built  the  Atlantic  and  St. 
Lawrence  Railroad,  Gen.  FESSENDEN,  Mr.  CUMMINGS,  formerly 
collector  of  the  port,  Mr.  THOMAS,  President  of  the  Canal  Bank, 
Mr.  IRA  CROOKER,  a  merchant  of  high  standing,  and  nearly  all 
the  clergy  of  the  various  denominations,  signed  their  names  to 
the  following  statement  of  the  citizens  of  Portland  : 

Our  attention  has  been  recently  called  to  statements  made  by  two  citi- 
zens of  "Portland  in  relation  to  the  operation  of  the  Liquor  Law  in  this  city 
and  State.  These  statements  are,  in  substance,  that  there  is  more  intem- 
perance and  more  liquor  sold  and  drank  in  this  city  and  State  at  the  pres- 
ent time  than  before  the  passage  of  our  existing  liquor  law.  One  of  them 
even  goes  so  far  as  to  say  that  there  is  more  intemperance  "  in  this  city  and 
neighborhood,  and  probably  throughout  the  whole  State,  with  here  and 
there  a  doubtful  exception,  than  there  has  been  at  any  other  time  for 
twenty  years  /"  and  both  give  representations  of  the  condition  of  things  in 
Portland,  calculated,  if  believed,  to  affect  injuriously  the  fair  reputation 
which  our  city  has  heretofore  sustained  abroad.  If  these  statements  had 
been  published  and  circulated  only  in  this  city  and  State,  we  should  not  feel 
188 


CHAP.  H.]  IN  MAINE.  [SEC.  113. 

called  upon  to  notice  them ;  but  having  been  circulated  abroad,  to  the  in- 
jury of  the  reputation  of  our  city  and  State,  and  in  a  manner  calculated  to 
work  serious  mischief,  we  feel  it  our  duty  to  unite  in  saying — as  we  do  in 
the  most  unqualified  terms — that  we  deem  these,  and  all  similar  statements, 
as  most  grossly  and  palpably  erroneous  and  unfounded.  That  they  are 
erroneous  and  unfounded  must  be  manifest  to  every  candid  and  unpreju- 
diced citizen  of  our  city,  not  only  from  the  apparent  condition  of  things,  but 
from  that  very  sure  test  as  to  the  existence  of  intemperance,  the  records  of 
pauperism  and  crime.  We  deem  it  proper  to  add,  that  the  personal  position 
which  most  or  all  of  us  occupy  in  regard  to  the  practical  business  and  pur- 
suits of  this  city,  enables  us  to  speak  in  this  matter  from  actual  personal 
knowledge  of  facts. 
October,  1853. 

Here  followed  the  list  of  four  hundred  and  thirty -three  signatures, 
of  which  the  Portland  Advertiser  remarked  at  the  time  : 

A  careful  analysis  would  show  that  a  very  large  proportion  of  the  signers 
are  men  of  "property  and  standing,"  and  men  of  large  business — for  the 
reason  that  the  paper  was  more  extensively  circulated  among  that  class,  in- 
asmuch as  efforts  have  been  made  to  produce  the  impression  that  they  are 
generally  opposed  to  the  law,  and  that  it  meets  with  favor  only  from  men 
of  "  humble  ambition."  But  the  list  also  includes  the  names  of  many  oth- 
ers— men  of  humble  fortune  and  less  property,  but  of  equal  intelligence 
and  worth.  It  embraces  men  of  all  parties  and  of  all  sects  without  distinc- 
tion. If  the  number  of  names  had  been  the  principal  object  it  might,  with 
very  little  effort,  have  been  so  increased  as  to  have  presented  an  overwhelm- 
ing majority  of  the  whole  body  of  our  citizens. 

113.  One  of  the  most  active  opponents  above  referred  to — Mr. 
JOHN  L.  POOR,  is  editor  of  The  State  of  Maine  newspaper;  al- 
ready spoken  of  in  the  previous  Chapter  [Sec.  44  and  45].  It  is 
remarkable  that  this  very  paper,  while  it  denounces  the  Maine 
Law  as  a  curse  to  the  city  of  Portland,  boasts  of  the  prosperity 
of  the  city,  asserting  that  "  Portland  has  almost  entirely  escaped 
the  severe  monetary  pressure  that  has  swept  over  the  country 
since  July,  1854,"  and  that,  "We  are  well  assured  that  the  mer- 
chants of  our  city  are  prepared  to  prove  Portland  as  good  a  mar- 
ket for  goods  of  any  kind  as  can  be  found."  These  assertions, 
made  on  occasions  when  the  Maine  Liquor  Law  is  not  under 
consideration,  illustrate  the  saying,  "  The  truth  will  out."  We 
have  no  doubt  but  a  city  which  has  made  temperance  its  general 
rule  and  intemperance  the  exception,  will  prove  itself  not  only  as 

189 


CHAP.  II.]  RESULTS  OF  PROHIBITION  [SEC.  114-116. 

good,  but  in  proportion  to  its  number  of  inhabitants  a  better  mar- 
ket for  useful  goods  than  any  other  ;  and  the  returns  from  other 
cities  and  towns  justify  the  conclusion,  that  this  prosperity  arises 
in  a  great  measure  from  the  increased  temperance  and  consequent 
industry  and  true  economy  of  the  people. 

114.  We  have  thus  endeavored  to  present  a  fair  and  impartial 
statement  of  facts  in  relation  to  Cumberland  County,  and  especially 
to  the  city  of  Portland,  during  this  important  experiment.     We 
can  add  our  personal  testimony  to  the  truth  of  what  we  have  given 
as  the  statements  of  others,  in  reference  to  the  absence  of  the  liquor 
traffic  in  Portland  as  an  open  trade,  having  recently  spent  several 
days  there,  taking  every  opportunity  to  see  if  there  were  any 
liquor  sold,  and  we  saw  none.     We  therefore  leave  these  state- 
ments for  the  serious  consideration,  not  only  of  philanthropists 
who  desire  to  see  crime  diminished  for  the  sake  of  the  criminals, 
but  of  the  rate-payers  and  tax-payers  of  every  city  and  county 
who  are  continually  bearing  on  their  oppressed  shoulders  the  load 
of  expense  saddled  upon  them  by  the  effects  of  the  liquor  traffic, 
while  those  who  are  guilty  and  who  profit  by  it  only  pay  the  same 
amount  as  those  who  are  innocent  of  this  great  crime  against  the 
rights  of  the  community. 

115.  It  may  be  said  that  much  of  our  evidence  has  been  ob- 
tained of  NEAL  Dow,  who  is  an  enthusiast  in  this  cause,  and  who 
may  make  statements  to  favor  his  own  strong  views  ;  but  the 
statements  are  obtained  from  sources  which  are  equally  access- 
ible to  the  enemies  of  this  law,  and  although  many  of  them  have 
had  a  wide  circulation  in  the  State  of  Maine,  we  have  never  seen 
or  heard  even  a  doubt  of  their  accuracy  being  expressed,  much 
less  a  disproval  or  a  contradiction. 

116.  But  the  testimony  we  have  introduced  is  not  all  from 
NEAL  Dow,  and  it  will  be  seen  that  our  sources  of  information 
are  various,  even  in  this  chapter,  and  that  throughout  this  portion 
of  our  work  the  testimony  is  precisely  to  the  same  effect,  that  in 
proportion  as  prohibition  is  enforced,  crime  has  diminished,  and 
the  blessings  of  temperance,  peace,  and  prosperity  are  increased. 


109 


CHAP,  in.]  IN  MAINE.  [Sec.  1-6. 


As  respects  the  nature  and  utility  of  the  Maine  Law,  I  have  but  one  testimony  to  give  concerning  It — 
that  is,  in  its  favor.  Its  influence  in  our  State  has  been  blessed— thrice  blessed.— REV.  DAVID  CUSHMAN, 
Maine. 

FRANKLIN   COUNTY. 

Franklin  County  long  blessed  with  prohibition— Population— Public  opinion— From  J.  D. 
PKESCOTT,  Esq.,  Member  of  Legislature  ^Legislature  all  temperance  men— Reclaimed 
from  intemperance— Attendance  at  church— Every  town  in  the  county. 

NEW  SHABON.— Population— Period  of  enforcement— From  Eev.  DAVID  COPELA.ND:— 
Fifteen  years'  prohibition— Crime— Reclaimed  from  intemperance— Trade— The  Sabbath 
— Attendance  at  church — Public  opinion — The  frightened  rumsellers. 

1.  IT  will  be  seen  from  the  following  contributions  that  this 
county  has  long  been  blessed,  to  a  certain  extent,  with  prohibition, 
by  the  enforcement  of  the  license  laws  and  the  refusal  of  magis- 
trates and  boards  of  aldermen  to  grant  licenses.     The  complete 
enforcement  of  the  law  when  enacted  was  a  natural  consequence 
of  this  preparation  for  it. 

2.  Population  79,538. 

3.  The  public  opinion  of  this  county  must  have  been  well  pre- 
pared for  the  Maine  Liquor  Law,  by  the  benefits  obtained  from 
the  experiments  made  in  the  enforcement  of  the  old  laws. 

From  J.  D.  PKESCOTT,  Esq.,  Member  of  Legislature. 

4.  LEGISLATORS  ALL  TEMPERANCE  MEN. — At  the  time  the  Maine  Law 
•\v;is  enacted,  the  county  of  Franklin  was  strongly  democratic,  and  the 
Democratic  party  were  accounted  as  the  opponents  of  the  law.     The  friends 
of  temperance  consequently  organized  upon  the  law,  and  succeeded  by  a 
majority  of  several  hundreds  in  returning  every  member  to  this  House  and 
to  the  Senate  upon  this  issue  alone.    There  were  five  Maine  Law  men  sent 
to  the  Assembly  and  one  to  the  Senate,  so  that  the  delegates  from  that 
county  are  entirely  Maine  Law. 

5.  RECLAIMED  FROM  INTEMPERANCE. — I  know  a  great  many  instances 
of  reclamation  from  intemperance  in  consequence  of  the  enforcement  of  the 
law  among  the  laboring  and  mechanical  classes.    Before  the  law,  some  of 
their  families  were  living  in  wretchedness ;  now  they  are  surrounded  by 
comfort.    We  have  very  many  such  instances  in  our  county. 

6.  ATTENDANCE  AT  CHURCH. — The  attendance  upon  public  worship  has 
gradually  increased  since  the  lar?  was  passed. 

191 


CHAP.  HI.]  RESULTS  OF  PROHIBITION  [SEC.  7-17. 

7.  EVERY  TOWN  IN  THE  COUNTY. — The  law  is  enforced  successfully  in 
every  town  in  the  county,  and  the  effects  are  most  salutary ;  peace  and 
order,  and  every  thing  desirable  is  the  result. 

February  21, 1855.* 

NEW    SHARON. 

8.  Population  1,732. 

9.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 

From  Kev.  DAVID  COPELAITO,  Methodist  Episcopalian. 

10.  FIFTEEN  YEARS'  PROHIBITION. — The  Maine  Liquor  Law  (in  its  prin- 
ciples) has  been  in  operation  here,  really,  for  more  than  fifteen  years. 

11.  CRIME. — As  a  result  of  this  prohibition  and  other  causes,  this  town  is 
nearly  free  from  open  criminal  offenses. 

12.  RECLAIMED  FROM  INTEMPERANCE. — Several  cases  of  reclamation 
have  come  under  my  observations  as  resulting,  in  part,  as  I  judge,  from  the 
Maine  Liquor  Law. 

13.  TRADE. — There  has  been  an  increase  of  trade  to  a  very  fair  extent  as 
a  result  of  prohibition. 

14.  THE  SABBATH. — I  judge  the  observance  of  the  Sabbath  has  increased 
ten  per  cent. 

15.  ATTENDANCE  AT  CHURCH. — Though  I  am  an  itinerant  preacher,  I 
apprehend  the  attendance  at  my  church  has  increased  from  five  to  ten  per 
cent. 

16.  PUBLIC  OPINION.— It  charms  the  citizens  here  much ;  for  no  point  of 
legislation  are  they  so  enthusiastic.     It  is  universally  believed  to  be  good. 

17.  THE  FRIGHTENED  RUMSELLER. — A  Carson  League  was  formed  here 
last  fall,  which  frightened  some  two  or  three  ely  rumsellers,  and  they  quit. 
I  know  of  many  incidents  showing  the  value  of  the  law,  and  nothing  bad 
has  arisen  from  its  enforcement. 

February  15, 1855. 

*  From  The  Maine  Law  Illustrated. 


192 


CHAP.  IV.]  IN  MAINE.  [SEC.  1-10. 


U     Jiff. 

Every  month,  In  this  State,  since  the  enactment  of  the  Maine  Law,  the  prohibitory  policy  has  grown 
constantly  in  favor  with  our  people,  until  at  the  present  time  we  have  no  party  at  all  opposed  to  it,  tha 
total  Anti-Maine  Law  vote  throughout  the  State,  at  our  September  election,  being  only  about  3,500,  out  of  a 
total  vote  of  91,000  !  A  rum  party  no  longer  exists  in  Maine.— NEAL  Dow,  December  25,  1854. 

HANCOCK  COUNTY. 

The  force  of  public  opinion  in  Hancock  County — Population. 

AMHERST. — Population — From  Rev.  H.  L.OEING  : — Period  of  enforcement — Public  health — 

Public  opinion — Desperate  rumsellera. 
BROOKLIX.— Population— From  Rev.  0.  B.  WALKER:— A.  temperance  town— Reclaimed 

from  drinking— Public   opinion — Prosecutions — Trade — The    Sabbath — Attendance   at 

church. 

1.  THE  thoroughness  with  which  Hancock  County  has  adopted 
the  temperance  principle,  and  the  enthusiasm  and  determination 
with  which  public  opinion,  by  the  aid  of  the  Maine  Liquor  Law, 
is  enabled  to  keep  the  rum  party  in  check,  is  most  strikingly  ex- 
emplified in  the  following  statements. 

2.  Population  34,372. 

AMHERST. 

3.  Population  323. 

From  Rev.  H.  L.  LORING,  Orthodox  Congregationalism 

4.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851,  but  not  as  rigor- 
ously, perhaps,  as  it  should  hare  been. 

5.  PUBLIC  HEALTH. — I  think  wherever  the  law  has  had  effect,  there  has 
been  an  improvement  in  the  general  health  of  the  community. 

6.  PUBLIC  OPINION — The  general  feeling  of  respectable  citizens  is  deci- 
dedly in  favor  of  the  law.     All  go  in  for  it  as  what  must  be  sustained,  even 
at  the  sacrifice  of  political  preference. 

7.  DESPERATE  RUMSELLERS. — This  law  has  generally  rendered  desperate 
rumsellers  more  fearful  than  any  previous  law  could. 

February  20,  1855. 

BROOKLIN. 

8.  Population  1,032. 

From  Rev.  O.  B.  WALKER,  Baptist. 

9.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 

10.  A  TEMPERANCE  TOWN. — We  have  no  rum  taverns  or  rum  stores,  nor 
do  we  think  that  either  would  exist  long  if  any  one  should  be  so  vile  and 
unprincipled  as  to  make  the  attempt.    We  are  a  temperance  town,  and  the 

9  .193 


CHAP.  V.]  EESULTS   OF   PROHIBITION  [Sec.  11-16 

advantages  thereof  in  health,  freedom  from  crime,  etc.,  have  been  long  en- 
joyed. 

11.  RECLAIMED   FROM  DRINKING. — Two   "temperance  clubs,"  of  one 
hundred  and  eighty  members,  most  of  whom  were  moderate  drinkers,  and 
some  "  hard  cases,"  have  been  kept  from  drinking. 

12.  PUBLIC  OPINION. — All  respectable  citizens  are  in  favor  of  the  Maine 
Liquor  Law.     And  we  think  it  should  be  more  stringent ;  to  punish  all  cul- 
prits more  severely. 

13.  PROSECUTIONS  UNDER  THE  LAW. — Some  prosecutions  have  occurred. 
Persons  stand  in  fear  of  the  law. 

14.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade  of 
the  town  since  the  enforcement  of  the  Maine  Liquor  Law. 

15.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased  very 
much. 

16.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  in- 
creased in  some  degree,  but  not  so  much  as  at  some  other  churches,  as  mine 
have  been  mostly  temperate  people  for  many  years. 

February  19,  1855. 


The  people  of  Maine  believe  that  the  most  Importaiit  question  to  them,  for  the  prosperity  of  the  State  and 
the  general  welfare  and  happiness,  is  this  great  one  of  protection  from  the  rum  traffic  ;  and  in  their  deter- 
mination to  secure  this  great  boon  for  themselves  and  their  children,  they  resolve  to  ignore  all  party  preju- 
dices, preferences,  and  attachments,  to  defer  for  the  time  nil  other  political  questions,  and  to  vote  only  for 
those  men  who  will  represent  this  wish  truly,  and  co-operate  with  them  faithfully  in  its  accomplishment.— 
NEAL  Dow,  December  25,  1854. 

KENNEBECK   COUNTY. 

The  public  nppearance  of  drunkenness  removed— Population— From  Eev.  ISAAC  LORD  :— 
Fourth  of  July  gatherings — Camp  meetings. 

AUGUSTA. Population — From  H.  M.  HAELOW,  M.D. : — Public  opinion — Abolition  of 

drunkenness. 

CHINA. — Population — From  Eev.  L.  KINGMAN  : — Period  of  enforcement — The  work  done 
before— Public  opinion. 

FAYETTK. — Population — From  Eev.  ISAAC  LORD  : — Period  of  enforcement— Eeclaiined  from 
intemperance — Trade — The  Sabbath — Joining  the  Church — Public  opinion— Public  sale  of 
liquor — Constant  vigilance — Good  effects  on  families — Benefits  of  the  Maine  Liquor  Law. 

GREEN. — Population — From  Mr.  AUGUSTUS  SPRAGUE: — Period  of  enforcement — Public 
health — Eeclaimed  from  intemperance — Public  opinion — Eeduction  in  the  consumption 
of  rum. 

KEADFI ELD.— From  His  Excellency  Governor  MOBBILL  :— The  traffic  stopped— Consump- 
tion of  liquor. 

194 


CHAP.  V.]  IN   MAINE.  .  [SEC.  1-10. 

1.  THE   public   disgrace  of  drunkenness,  so  common  in  the 
streets  where  the  Maine  Law  is  not  in  operation,  seems  to  have 
been  removed  in  Maine,  especially  in  this  county,  as  will  be  seen 
by  the  following  statements. 

2.  Population  149,617. 

From  Eev.  ISAAC  LORD,  Methodist  Episcopalian. 

3.  FOURTH  OF  JULY  GATHERINGS. — A  great  benefit  of  the  Maine  Liquor 
Law  here  is  seen  in  the  public  gatherings.    Last  fourth  of  July  there  was  a 
Free  Soil  and  Temperance  celebration  at  East  Livermore,  Kennebeck  County. 
From  eight  to  ten  thousand  persons  of  all  sorts  and  colors  were  present,  and 
yet  it  was  said  there  was  no  intoxicating  liquor  seen,  nor  any  of  its  usual 
effects.     I  made  a  close  examination  and  saw  none. 

4.  CAMP  MEETINGS. — In  camp  meetings  and  religious  assemblages  we 
find  a  great  benefit  from  the  Maine  Liquor  Law.     The  intemperate  used  to 
be  a  great  obstacle  in  our  way,  but  now  this  curse  is  out  of  the  way.     This 
is  true  of  all  assemblies  of  the  people,  and  with  few  exceptions ;  once  it  was 
otherwise. 

February  16,  1855. 

AUGUSTA. 

5.  Population  8,225. 

From  H.  M.  HAKLOW,  M:D. 

6.  PUBLIC  OPINION. — The  general  feeling  of  the  community,  among  the 
most  respectable,  is  that  the  Maine  Liquor  Law  is  a  good  one.     That  if  it  is 
enforced,  the  result  will  be  all  its  friends  wish. 

7.  ABOLITION  OF  DRUNKENNESS  IN  THE  STREETS. — The  most  marked 
change  that  I  have  observed  in  the  community  since  the  passage  of  this  pro- 
hibitory law  is  the  almost  total  abolition  of  street  and  gutter  drunkenness. 
The  quiet,  peaceable  citizen  now  but  seldom  has  his  sensibilities  shocked  by 
the  sight  of  a  fellow-being  reeling  his  way  around  our  streets,  clamorous 
and  quarrelsome  with  all  who  came  in  his  way,  or  wallowing  in  the  ditch, 
vainly  striving  to  raise  himself  to  an  erect  position  by  hugging  the  curb- 
stone before  him.     Not  only  is  this  true  on  ordinary  days,  but  on  all  public 
days,  when,  if  ever,  a  man  feels  "  liberal,  free,  and  independent." 

February  3, 1855. 

CHINA. 

8.  Population  2,769. 

From  Rev.  L.  KINGMAN,  Baptist 

9.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in  oper- 
ation here  ever  since  its  enactment  in  the  State  Legislature. 

10.  THE  WORK  DONE  BEFORE.— This  was  a  temperance  town  before  the 
Maine  Liquor  Law  passed,  and  consequently  but  little  change  was  effected 
thereby. 

195 


CHAP.  V.]  RESULTS  OF  PROHIBITION  [SEC.  11-24. 

11.  PUBLIC  OPINION. — The  general  opinion  of  respectable  citizens  is  in 
favor  of  the  Maine  Liquor  Law. 
December  21,  1854. 

FAYETTE. 

12.  Population  1,085. 

From  Kev.  ISAAC  LORD,  Methodist  Episcopalian. 

13.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  ever  since  1851.     It  was  enforced  in  this  village  then,  and 
the  public  sale  of  intoxicating  liquor  ceased  at  that  time. 

14.  RECLAIMED  FROM  INTEMPERANCE. — Two  cases  of  reclamation  from 
intemperance  have  come  within  the  scope  of  my  own  observation  as  the  re- 
sult of  the  Maine  Liquor  Law,  and  many  more  of  persons  who  are  restrained 
from  drinking,  as  there  is  no  liquor  to  be  sold.     The  families  of  these  men 
enjoy  the  benefit  of  the  Maine  Liquor  Law. 

15.  TRADE. — The  legitimate  home  trade  has  consequently  been  increased, 
and  those  that  were  once  idle  are  now  industrious. 

16.  THE  SABBATH.— The  observance  of  the  Sabbath  has  been  increased. 

17.  JOINING  THE  CHURCH. — One  person  who  was  a  notorious  drunkard 
before  the  Maine  Liquor  Law  came  into  operation,  is  now  a  worthy  member 
of  our  church.     The  Maine  Liquor  Law  prepared  the  way,  and  the  Gospel 
had  its  effect  upon  him. 

18.  PUBLIC  OPINION. — The  general  feeling  or  opinion  of  respectable  cit- 
izens is,  that  the  Maine  Liquor  Law  is  just  what  we  needed ;  that  it  is  one 
of  the  best  laws  ever  enacted  in  the  State  of  Maine,  and  that  it  is  a  great 
blessing  to  the  intemperate. 

19.  PUBLIC  SALE  OF  LIQUOR. — The  Maine  Liquor  Law  at  once  stopped 
the  sale — the  public  sale — of  intoxicating  liquor,  and  when  any  are  found 
selling  in  secret,  an  application  of  the  Maine  Liquor  Law  stops  it  at  once. 

20.  CONSTANT  VIGILANCE. — We  need  a  continual  look  out,  for  there  are 
some  public  sources  through  which  some  intoxicating  liquor  is  obtained  from 
other  States,  and  through  false  pretenses. 

21.  GOOD  EFFECTS  ON  FAMILIES. — The  good  effects  of  the  Maine  Liquor 
Law  are  seen  and  enjoyed  by  many  families  in  this  village,  in  the  erection 
of  new  houses,  repairing  of  old  ones,  and  the  inmates  being  now  well  clad, 
fed,  and  raised  to  respectability. 

22.  BENEFITS  OF  THE  MAINE  LIQUOR  LAW. — We  know  many  houses 
that  ought  to  have  inscribed  on  them,  "Benefits  of  the  Maine  Liquor 
Law." 

January  9, 1855. 

GREEN. 

23.  Population  1,300. 

From  Mr.  AUGUSTUS  SPKAGUE,  Farmer. 

24.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 
196 


CHAP.  V.]  IN  MAINE.  [Ssc.  25-31. 

25.  PUBLIC  HEALTH. — The  general  health,  of  the  community  has  im- 
proved. 

26.  RECLAIMED  FROM  INTEMPERANCE. — Perhaps  six  cases  of  reclama- 
tion from  intemperance  have  come  under  my  own  personal  observation. 

27.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly favorable  to  the  law. 

28.  REDUCTION  IN  THE  CONSUMPTION  OF  RUM. — Rumselling  has  di- 
minished in  this  town  from  about  seventy  to  five  barrels  per  annum. 

February  11, 1855. 

READFIELD. 

29.  Population  1,985. 

From  His  Excellency  Governor  MOKRILL. 

30.  THE  TRAFFIC  STOPPED. — We  had  five  or  six  grog-shops  at  the  time 
of  the  passing  of  the  law.    It  was  a  border  town,  where  people  came  in  from 
a  distance,  and  bought  to  a  large  extent.     When  the  law  went  into  opera- 
tion, we  got  a  board  of  selectmen  who  obeyed  the  instructions  of  the  town, 
and  we  succeeded  in  shutting  up  every  grog-shop.     In  ten  days  every  one 
was  closed,  and  there  has  not  been  one  open  since;  nor  can  it  stay  there  in 
the  public  gaze  any  more  than  a  thief  could  before  his  victim. 

31.  CONSUMPTION  OF  LIQUOR. — We  chose  a  town  agent,  and  the  select- 
men furnished  him  with  liquor.     The  amount  bought  by  the  selectmen  cost 
$198,  and  this  has  served  for  the  last  two  years  for  all  mechanical  and  me- 
dicinal purposes  whatever ;  and  I  think  I  would  be  safe  in  saying  that  for 
twenty  years  prior  to  the  passage  of  the  law,  the  annual  expenditure  would 
not  be  less  than  from  $8,000  to  $10,000.     From  the  peculiar  situation  of 
the  town,  it  was  noted  as  a  great*  place  for  selling  liquor,  but  now  we  have 
cleared  it  all  out,  and  there  is  not  a  drop  to  be  had.     From  observation  I 
can  say,  that  wherever  the  law  has  been  enforced,  such  has  been  the  result, 
and  such  will  be  invariably  the  result  of  this  law,  wherever  the  people  take 
hold  of  it. 

February  20,  1855.* 

*  From  The  Maine  Law  Illustrated. 

197 


CHAP.  VI.]  RESULTS  OF  PROHIBITION  [SEC.  1-4. 


On  the  whole,  there  is  no  doubt  in  my  mind  but  that  the  Maine  Law  is  worth  more  to  tne  State  every 
year,  in  a  pecuniary  point  of  view,  than  its  whole  shipping  interest.  It  is  worth,  morally,  many  consta- 
bles ;  it  is  a  handmaid  of  the  Gospel  we  preach,  and  in  every  respect  it  is  to  be  applauded,  not  blamed — 
•upported,  and  not  left  to  neglect.  The  principle  on  which  it  is  founded  Is  destined  to  prevail,  because  it  l.< 
truth  ;  and  it  is  gratifying  to  see  States  and  Territories  adopting  it,  as  we  know  it  must  universally  pivvni  1 
before  the  Millennium  can  come.— REV.  DAVID  CVSHMAN,  of  Newcastle,  Maine. 

LINCOLN    COUNTY. 

Estimation  in  which  the  law  is  held  by  the  community — Population. — From  Eev.  S.  C.  FEJ- 
BENDBN  : — Kepeal  of  the  Maine  Liquor  Law. 

BOOTH  BAY. — Population — From  Kev.  Mr.  SEELEY  : — Bibles  in  place  of  dissipation — A  bet- 
ter trade  than  the  liquor  traffic. 

BOWDOINHAM.— Population— From  Eev.  Mr.  TAYLOR  :— Crime— Trade— The  Sabbalh— 
Public  opinion. 

LEWISTON  FALLS.— Population— From  Eev.  ,J.  S.  BURGESS  :— Period  of  enforcement— Re- 
claimed from  intemperance— The  Sabbath— Attendance  at  church— Public  opinion— 
Reclaimed  rumseller— Diminution  of  drunkenness— Increased  morality. 

EICHMOND.— Population— From  Eev.  JOSEPH  HAWKS  :— Period  of  enforcement— Crime- 
Public  health — Reclaimed  from  intemperance — Public  opinion — Trade — Cost  of  rum. 

EOCKLAND.— Population— From  Eev.  S.  C.  FESSENDEN  :— The  old  law  and  the  new  con- 
trasted— Crime,  pauperism,  moral  suasion — Health  and  prosperity — Cases  of  reclama- 
tion— Affecting  incidents. 

WARREN.— Population— From  the  late  Eev.  D.  H.  MANSFIELD  :— A  convert  to  the  Maine 
Liquor  Law 

1.  THE  high  estimation  in  which  the  Maine  Liquor  Law  is 
held  by  the  community  in  Lincoln  tlounty  is  the  best  proof  of 
the  good  the  law  has  effected  therein,  as  indicated  by  the  fol- 
lowing communications. 

2.  Population  74,875. 

From  Eev.  S.  C.  FESSENDEN,  of  Eockland. 

3.  REPEAL,  or  THE  MAINE  LIQUOR  LAW. — I  am  well  informed,  having 
sought  and  obtained  reliable  information  as  to  the  operation  of  the  Maine 
Liquor  Law  in  most  of  the  towns  in  Lincoln  County,  and  the  estimation  in 
which  it  is  held  by  the  inhabitants  of  these  towns — and  I  may  truthfully  say 
that  there  can  be  no  doubt  but  more  than  two  thirds  of  the  men,  women, 
and  children  of  these  towns  would  strenuously  resist  the  repeal  of  the  Maine 
Liquor  Law  or  any  amendment  of  it,  unless  the  amendment  was  such  as  to 
make  it  more  stringent  in  its  provisions. 

January  8,  1855. 

BOOTH    BAY. 

4.  Population  in  1850,  2,504.     In  1855,  3,000. 
198 


CHAP.  VI.]  IN  MAINE.  [SEC.  6-12. 

From  ftev.  Mr.  SEELEY,  Springfield,  Massachusetts. 

5.  BIBLES  IN  THE  PLACE  OF  DISSIPATION  — I  was  at  Booth  Bay  a  year 
ago  last  summer.     At  certain  periods  of  the  year  there  are  immense  fleets 
of  mackerel-fishers,  come  with  their  boats,  sometimes  from  300  to  400  at  a 
time.     One  Sunday  morning  I  was  passing  by  the  head  of  the  pier,  where 
about  300  of  the  mackerel  fishermen  were  seated.     Every  thing  was  per- 
fectly quiet  as  I  passed  by.     Some  had  out  their  Bibles,  and  were  reading. 
As  I  passed  one  group,  I  said,  "  Had  you  not  better  go  to  church,  ship- 
mates ?"     Some  remarks  were  made,  and  simultaneously  they  all  rose  and 
accompanied  me  to  the  church  where  I  intended  to  preach  that  morning. 
The  scene  was  so  very  gratifying  that  I  could  not  help  saying  to  the  land- 
lord of  the  hotel  that  he  must  have  a  curious  class  of  fishermen  in  that 
quarter.      "Ah!"  said  he,  "if  you  had  been  here  before  the  Maine  Law 
passed,  you  would,  on  such  a  day  as  this,  have  seen  these  rocks  all  along 
covered  with  blood.     No  female  dared  venture  out  of  the  house  at  such  a 
time."     That  Sunday,  I  assure  you,  was  as  orderly  as  any  Sunday  could  be, 
and  there  was  not  a  bottle  to  be  seen  in  the  whole  company  when  they  left  in 
the  evening,  but  one  bottle  of  vinegar. 

6.  A  BETTER  TRADE  THAN  THE  LIQUOR  TRAFFIC. — The  tavern-keeper, 
above  quoted,  continued :  "I  opposed  the  law  with  all  my  might  because  I 
thought  it  was  going  to  injure  my  trade  ;  but  now  I  make  much  more  money 
when  these  men  are  on  shore  than  I  did  by  supplying  them  with  liquor. 
When  they  go  away  they  take  with  them  whole  canoe-loads  of  eggs  and 
hams,  and  other  necessaries." 

February  7,  1855.* 

BOWDOINHAM. 

7.  Population  2,382. 

From  Eev.,  Mr.  TAYLOR,  Universalist. 

8.  CRIME. — Since  the  enforcement  of  the  Maine  Liquor  Law  in  this  place, 
crime  has  diminished  twenty-five  per  cent. 

9.  TRADE. — I  think  there  has  been  an  increase  in  legitimate  home  trade, 
resulting  from  the  Maine  Liquor  Law. 

10.  THE  SABBATH. — Observance  of  the  Sabbath  has  increased,  and  so  has 
the  attendance  at  my  church,  as  a  result  of  the  Maine  Liquor  Law. 

11.  PUBLIC  OPINION. — The  Maine  Liquor  Law  is  held  in  such  high  esti- 
mation that  the  town  officers  and  representatives  for  the  last  two  years  have 
been  elected  by  our  Maine  Liquor  Law  vote. 

January  10, 1855. 

LEWISTON    FALLS. 

12.  Population  in  1850,  3,584.     In  1854,  5,000. 

*  From  Tht  Maine  Law  Illustrated. 

199 


CHAP.  VI.]  RESULTS  OF  PROHIBITION  [SEC.  13-27. 


From  Rev.  J.  S.  BUBGKSS,  Free-Will  Baptist,  Pastor  of  the  oldest  church  in  the  Town. 

13.  PERIOD  OF  ENFORCEMENT. — For  the  first  two  years  after  the  passage 
of  the  Maine  Liquor  Law,  in  1851,  the  law  was  not  very  generally  enforced. 
For  the  last  two  years  it  has  been  more  rigidly  executed,  and  it  has  conse- 
quently been  far  more  beneficial. 

14.  RECLAIMED  FROM  INTEMPERANCE. — Some,  we  believe,  to  be  per- 
manently reformed ;  others  prevented  from  relapsing  into  intemperance 
previously  reclaimed,  while  others  have  been  wholly  saved  from  tasting  the 
intoxicating  draught. 

15.  THE  SABBATH. — Numbers,  heretofore  reckless  of  the  Sabbath,  now 
observe  it  in  a  very  respectful,  if  not  highly  commendable  manner. 

16.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  more 
than  doubled,  owing  partly  to  an  increase  in  population,  and  partly  to  tem- 
perance. 

17.  PUBLIC  OPINION. — The  general  feeling  of  respectable  intelligent  cit- 
izens is  decidedly  in  favor  of  the  law.    Indeed,  I  know  no  intelligent  respec- 
table person  here  but  earnestly  supports  the  law. 

18.  RECLAIMED  RUMSELLER. — A  notorious  rumseller,  after  having  paid 
fines  to  the  amount  of  a  hundred  dollars  by  prosecution,  totally  abandoned 
the  traffic,  ejected  from  his  premises  drunken  idlers,  and  has  himself  be- 
come quite  an  industrious  and  valuable  citizen. 

19.  DIMINUTION  OF  DRUNKENNESS. — Where  the  law  is  strictly  enforced 
it  greatly  diminishes  drunkenness,  poverty,  crime,  and  common  vagrancy. 

20.  INCREASED  MORALITY. — The  enforcement  of  the  law  very  much  adds 
to  the  thrift,  respectability,  personal  happiness,  morality,  as  well  as  the 
commendable  observance  of  religious  institutions.     It  is  a  strong  preventive 
of  intemperance  and  its  nameless  evils,   especially  on  the  part  of  the 
young. 

February  8,  1855. 

NEWCASTLE. 

21.  Population  2,012. 

From  Rev.  DAVID  CCSHMAN,  CongregationalisL 

22.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 

23.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  un- 
doubtedly improved. 

24.  TRADE. — The  legitimate  home  trade  has  unquestionably  increased. 

25.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased  to  a 
very  considerable  extent. 

26.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  in- 
creased to  some  extent. 

27.  PUBLIC  OPINION. — The  general  feeling  of  all  respectable  citizens  is 
decidedly  in  favor  of  the  law.     They  have  come  to  look  upon  it  as  one  of  the 
necessaries  of  civil  life. 

200 


CHAP.  VI.]  IN  MAINE.  [SEC.  28-39. 


28.  SALE  OF  RUM. — A  single  store  in  this  village,  I  am  told,  used  to  sell 
as  many  as  thirty  barrels  of  New  England  rum  a  year,  besides  other  kinds 
of  spirits,  but  for  the  last  eleven  years  there  has  been  none  sold,  and  but  lit- 
tle drank  here,  and  that  little  has  been  obtained  elsewhere,  and  drank 
secretly.  The  ban  is  upon  the  business.  It  has  been  driven  from  open 
daylight  to  the  depths  of  midnight  darkness.  God  grant  it  may  ever  be 
kept  there. 

29  RESULTS  OF  THE  NEW  MAINE  LIQUOR  LAW. — Our  Legislature  has  just 
added  some  excellent  provisions  to  the  original  bill ;  or,  rather,  they  have 
enacted  a  ne^w  law  which  has  already  caused  fear  and  trembling  in  the 
camp  of  the  enemy.  As  an  instance,  in  a  village  not  six  miles  from  where 
I  write,  during  the  last  year  some  few  persons  had  become  considerably 
bold  in  both  selling  and  drinking,  but  as  soon  as  they  found  that  the  new 
bill  had  become  a  law  [which  adds  imprisonment  to  a  fine],  they  relin- 
quished the  business  at  once. 

April  17, 1855. 

RICHMOND. 

30.  Population  2,056. 

From  Kev.  JOSEPH  HAWKS,  Methodist. 

31.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  since  its  enactment  in  1851. 

32.  CRIME. — Crime  here  has  diminished  at  least  one  third. 

33.  PUBLIC  HEALTH. — The  general  health  of  the  community  as  to  fevers, 
insanity,  etc.,  has  much  improved. 

34.  RECLAIMED   FROM   INTEMPERANCE. — Many  cases  of  reclamation 
from  intemperance  have  come  within  the  circle  of  my  own  observation. 

35.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly in  favor  of  the  Maine  Liquor  Law. 

36.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade  of 
the  town. 

37.  COST  OF  RUM. — Mr.  —     — ,  of  this  place,  being  unable  to  get  rum 
here  to  gratify  his  appetite,  has  been  in  the  habit,  during  the  past  summer, 
of  going  in  the  boat  to  Bath,  once  or  twice  a  week,  and  getting  a  pint  and 
a  quart  at  a  time,  at  an  expense  of  twenty-five  cents  a  trip. 

January  8, 1S55. 

ROCKLAND. 

38.  Population  5,052. 

From  Eev.  S.  C.  FESSENDEN,  Congregationalist,  seventeen  years  pastor  and  resident  in 
the  city  of  Eockland. 

39.  THE  OLD  LAW  AND  THE  NEW — A  CONTRAST. — When  this  locality 
was  a  village  of  some  one  thousand  inhabitants,  and  not,  as  now,  a  city  of 
more  than  eight  thousand,  and  when  the  statute  required  that  the  men  who 

9*  201 


CHAP.  VI.]  RESULTS  OF  PROHIBITION  [SEC.  40-4-1. 

would  be  licensed  to  sell  intoxicating  liquors  should  be  "  of  good  moral  char- 
acter" and  "  give  bonds"  not  to  sell  "to  minors  or  paupers,  or  habitual  drunk- 
ards," and  to  keep  "  an  orderly  shop,"  I  was  enrolled  a  citizen.  At  that 
time  there  were  from  seventeen  to  twenty  licensed  and  unlicensed  rum-shops 
within  ten  minutes'  walk  from  my  house.  Now  there  are  none,  with  the 
exception  of  a  very  few  "  holes"  in  dark  places,  where  rum  is  illegally  sold, 
of  which  the  stealthy  frequenters  are  so  much  ashamed  that  they  would  not 
be  known  to  the  public  as  visitors.  And  the  keepers  of  these  holes  are  with 
difficulty  detected,  but  when  detected  there  is  no  difficulty  in  giving  them 
"Maine  Liquor  Law  justice;"  for  the  general  feeling  of  our  respectable 
citizens,  so  far  as  I  know,  is,  that  the  law  ought  to  be  and  shall  be  sus- 
tained. 

40.  CRIME,  PAUPERISM,  MORAL  SUASION,  ETC.— Previous  to  1851,  the 
year  in  which  the  Maine  Liquor  Law  was  passed  and  approved,  drunken- 
ness, pauperism,  public  Sabbath-profanation,  and  crime  were  obviously  on 
the  increase  in  this  city,  notwithstanding  all  our  "  moral  suasion"  efforts 
and  our  occasional  use  of  old  law  to  seal  up  the  fountain  of  all  this  evil. 
But  then  commenced,  and  has  perseveringly  continued,  the  enforcement  of 
the  new  law — not  as  efficiently  executed  one  time  as  at  another,  during  these 
three  years,  but  still  enforced — and  the  result  has  been  universally  ad- 
mitted a  palpable  and  material  lessening  of  these  evils.     The  docket  of  the 
municipal  court,  the  reports  of  the  condition  of  our  alms-house,  the  order 
in  our  streets,  the  number  of  scholars  in  our  schools,  the  face  of  things  in 
our  Sabbath  congregations,  show  this.     I  have  no  hesitation  in  saying,  that 
to  the  best  of  my  judgment,  from  what  I  know  and  believe  as  facts,  these 
evils  have  diminished  as  the  result  of  the  use  and  influence  of  the  Maine 
Liquor  Law  in  the  ratio  of  MORE  THAN  EIGHTY  PER  CENT.,  at  least,  in 
this  city. 

41.  HEALTH  AND  PROSPERITY. — The  general  health  of  the  community 
has  improved  under  the  beneficent  operation- of  the  Maine  Liquor  Law,  and 
home  trade,  say  our  merchants,  has  unquestionably  increased. 

42.  CASES  OF  RECLAMATION  FROM  INTEMPERANCE. — The  cases  of  re- 
clamation from  intemperance — reclamations  which  I  have  no  reason  to  believe 
would  have  been  effected  without  the  aid  which  was  derived  from  the  law — 
which  have  come  within  the  circle  of  my  observation  are  many— how  many, 
I  can  not  say. 

43.  AFFECTING  INCIDENTS. — I  could  relate  some  incidents  illustrating 
the  necessity  of  the  law  for  the  winding  up,  or  rather  for  the  winding  down 
and  holding  down  the  rumseller,  and  some  affecting  incidents  touching  the 
assistance  to  reformation  it  has  rendered  the  drunkard  and  the  "  moderately 
intemperate" — but  you  can  not  give  me  more  room. 

January  8, 1855. 

WARREN. 

44.  Population  2,428. 
202 


CHAP.  VH.]  IN  MAINE.  [SEC.  1. 


From  the  late  Rev.  D.  H.  MANSFIELD,  Methodist.    Agent  to  the  East  Maine  Conference 

Seminary. 

45.  A  CONVERT  TO  THE  MAIIVE  LIQUOR  LAW. — A  gentleman,  the  father 
of  a  large  family,  who  had  been  in  the  habit  of  using  ardent  spirits  as  a 
medicine,  and  occasionally  of  drinking  a  social  glass  with  his  friends,  made 
the  following  remarks  in  my  presence :  "  I  never  joined  a  temperance  society, 
but  I  am  no  friend  to  intemperance.  It  has  been  the  cause  of  untold  wrongs 
and  sufferings.  I  was  slow  to  acknowledge  the  expediency  of  the  Maine 
Liquor  Law,  was  inclined  to  think  all  legislation  on  the  subject  useless,  if 
not  baneful,  in  its  influence.  But  having  for  three  years  watched  closely 
the  operations  of  that  law,  I  must  confess  I  think  I  was  mistaken.  Beyond 
all  question  its  effect  has  been  salutary.  In  addition  to  this  it  has  become 
difficult  to  obtain  liquor  for  any  purpose,  and  especially  unpopular  to  use  it 
as  a  beverage ;  and  although  it  is  hard  to  break  away  from  an  old  custom, 
and  although  it  has  done  me  no  personal  injury,  I  am  resolved  that  my  ex- 
ample shall  no  longer  hinder  the  progress  of  a  public  good.  I  am  determined 
henceforth  to  dispense  with  the  use  of  ardent  spirits,  either  as  a  beverage 
or  as  a  medicine."  Will  not  the  Maine  Liquor  Law  prove  a  blessing  to  that 
family  ?  Nay,  may  it  not  save  some  of  the  sons  of  that  excellent  father 
from  ruin  ? 

January  5,  1S55. 


We  love  onr  Maine  Law.    We  would  not  part  with  It  on  any  consideration.—  REV.  DAVID  CUBHMAN,  of 
Newcastle,  Me. 

OXFORD   COUNTY. 

Numerous  cases  of  reclamation  from  intemperance — Population. 

BETHEL. — Population — From  Rev.  DAVID  GARLAND: — Period  of  enforcement — Crime — 

Public  health Reclaimed  from  intemperance — Industry,  frugality,  etc.— The  Sabbath 

— Public  opinion — Situation  of  Bethel — Characteristics  of  the  first  settlers — Religion  and 
education— Puritanic  days  preserved— Rum-shops  not  patronized— A  temperance  com- 
munity. 

LIVERMORE.— Population— From  Rev.  LTTCIXTS  BRADFORD  :— Period  of  enforcement— Crime 
—Public  health— Reclaimed  from  intemperance— Trade— Production— The  Sabbath- 
Attendance  at  church — Public  opinion. 

LIVERMORE  FALLS.— From  Hon.  and  Rev.  G.  D.  GARLAND  :— Period  of  enforcement— Crime 
— Reclaimed  from  intemperance — Trade — The  Sabbath — Attendance  at  church — A  re- 
formed citizen — Public  opinion. 

1.  FROM  the  following  returns  it  will  be  seen  that  there  are 

203 


CHAP.  VII.]  RESULTS  OF  PROHIBITION  [SEC.  2-15. 

numerous  cases  of  reclamation  from  intemperance  in  this  county, 
arising  from  the  fact  that  the  temptation  to  drink  has  been  re- 
moved. We  merely  give  a  few  as  specimens  of  the  facts  in 
relation  to  this  county. 

2.  Population  39,763. 

BETHEL. 

3.  Population  2,253. 

From  Eev.  DAVID  GABLAND,  Trinitarian  Congregationalist. 

4.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 

5.  CRIME. — The  law  has  had  a  direct  tendency  to  diminish  flagrant  crime. 

6.  PUBLIC  HEALTH. — It  has  exerted  a  good  influence  upon  the  health, 
peace,  and  harmony  of  those  who  made  too  free  a  use  of  intoxicating  liquors. 

7.  RECLAIMED  FROM  INTEMPERANCE. — A  few  individuals  have  been 
reclaimed  by  the  timely  removal  of  the  dire  scourge. 

8.  INDUSTRY,  FRUGALITY,  ETC.— The  people,  as  a  whole,  have  become 
more  industrious  and  frugal,  and  are  more  inclined  to  be  constantly  engaged 
in  some  useful  pursuit. 

9.  THE  SABBATH. — The  Sabbath  is  better  observed. 

10.  PUBLIC  OPINION.— There  is  a  general  feeling  that  the  law  is  of  great 
advantage  to  society.     That  it  tends  directly  to  elevate  the  people  in  every 
respect,  domestically,  socially,  intellectually,  civilly,  and  morally.     It  is  to 
them  as  a  friend  of  which  they  would  not  be  deprived ;  and  it  is  their  desire 
that  it  may  live  long  and  be  their  protector  against  the  ravages  of  spirituous 
liquor,  and  also  the  protector  of  their  children  when  they  are  dead. 

11. — SITUATION  OF  BETHEL. — Bethel  is  situated  on  the  Grand  Trunk 
Railroad,  about  sixty-seven  miles  from  Portland  and  thirty  miles  from  Mount 
Washington. 

12.  CHARACTERISTICS  OF  THE  FIRST  PIONEERS. — The  first  pioneers  of 
this  town  were  resolutely  industrious  and  economical ;  and  having  to  deal 
with  hard  things  and  stern  circumstances,  they  acquired  habits  of  energy 
and  perseverance  which  have  ever  been  felt  for  the  good  of  the  community. 

13.  RELIGION  AND  EDUCATION. — The  first  settled  minister  was  much  in- 
terested in  the  subject  of  education,  and  through  his  influence  the  people 
imbibed  the  same  spirit,  which  has  been  transmitted  and  has  proved  of  great 
advantage  to  the  intellectual  culture  of  the  whole  mass.     The  pioneers  had  a 
regard  for  matters  of  religion,  and  acknowledged  the  importance  of  sustain- 
ing a  Christian  ministry. 

14.  PURITANIC  DAYS  PRESERVED. — This  good  old  system  of  Puritanic 
days  has  been  preserved. 

15.  INDUSTRY,  INTELLIGENCE,  AND  MORALITY. — The  characteristic  ele- 
ments of  the  people  have  therefore  been  for  years,  industry,  intelligence, 
morality,  and  religion,  so  that  the  fact  of  having  been  trained  in  Bethel  has 

204 


CHAP.  VII.]  IN  MAINE.  [SEC.  16-30. 

been  a  good  recommendation  to  young  people  who  have  sought  places  of  labor 
and  posts  of  trust  in  neighboring  towns. 

16.  RUM-SHOPS  NOT  PATRONIZED. — Among  a  people  thus  educated  a 
rum- shop  has  found  but  little  favor. 

17.  A  TEMPERANCE  COMMUNITY. — The  people  here  were  a  temperance 
community  previous  to  the  enforcement  of  the  Maine  Liquor  Law,  and  a 
large  majority  of  them  would  have  sanctioned  it  by  their  united  consent, 
had  it  not  have  had  more  or  less  influence  on  party  politics.     There  was  not 
so  much  need  of  it  here  and  in  this  immediate  vicinity  as  in  many  other 
places,  and  the  happy  effects  of  its  enforcement  can  not  be  as  visible  as  in 
intemperate  communities. 

February  3,  1855. 

LIVERMORE. 

18.  Population  1,764. 

From  Eev.  Lucius  BRADFORD,  Baptist. 

19.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  about  four  years. 

20.  CRIME. — Our  acting  Justice  says  crime  has  diminished  fifty  per  cent. 

21.  PUBLIC  HEALTH. — The  general  health  of  the  community  in  relation 
to  fever,  insanity,  etc.,  has  been  improved,  according  to  the  testimony  of  our 
physician,  from  six  to  ten  per  cent. 

22.  RECLAIMED  FROM  INTEMPERANCE. — Some  twenty-five  cases  of  rec- 
lamation from  intemperance  have  come  within  the  scope  of  my  own  observa- 
tion.    There  is  also  a  much  larger  number  of  persons  who  now  drink  but 
little  or  none  at  all,  who  were  addicted  to  drinking  before. 

23.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade  of 
the  town. 

24.  PRODUCTION. — Industry  having  been  increased,  the  production  of  the 
town  has  been  augmented,  and  is  increasing. 

25.  THE  SABBATH. — The  observance  of  the  Sabbath  has  been  increased. 

26.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  been 
increased  ten  per  cent. 

27.  PUBLIC  OPINION. — All  respectable  citizens,  except  a  few  political 
leaders  and  demagogues,  are  in  favor  of  the  Maine  Liquor  Law. 

Febwary  13,  1855. 

LIVERMORE    FALLS. 

28.  Population  not  reported  in  the  Census. 

From  the  Hon.  and  Eev.  G.  D.  GARLAND,  Free- Will  Baptist,  Member  of  the  Maine 

Legislature. 

29.  PERIOD  OF  ENFORCEMENT. — Three  years. 

30.  CRIME. — There  has  been,  in  consequence  of  the  Maine  Liquor  Law,  a 
diminution  of  seventy-five  per  cent,  in  crime. 

205 


CHAP.  Vm.]  REULTS  OF  PROHIBITION  [SEC.  31-36. 

31.  RECLAIMED  FROM  INTEMPERANCE. — From  twenty  to  thirty  cases  of 
reclamation  from  intemperance  have  come  within  the  scope  of  my  own  ob- 
servation. 

32.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade. 

33.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased.     Some 
persons,  whose  only  observance  of  the  Sabbath  was  to  obtain  liquor  and 
drink,  and  abuse  their  families,  now  attend  meetings  of  religious  worship ; 
their  children  are  well  clothed,  and  are  found  at  the  Sunday-school. 

34.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  been 
increased. 

35.  A  REFORMED  CITIZEN.— One  man,  a  neighbor,  who  two  years  and  a 
half  ago  was  a  miserable  drunkard,  lived  in  an  old  dilapidated  house  ;  what 
land  he  had  was  mortgaged ;  he  has  reformed,  paid  the  mortgage  on  his 
land,  bought  more  land  for  which  he  pays  $300,  has  built  a  fine  house,  gives 
•evidence  of  having  become  a  Christian,  goes  himself  with  his  family  to  meet- 
ing on  the  Sabbath,  is  a  strong  advocate  of  the  Maine  Liquor  Law  and  all 
other  benevolent  enterprises,  and  is  highly  respected  as  a  citizen. 

36.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is,  that 
the  Maine  Liqiior  Law  should  be  enforced,  that  it  should  be  made  more 
stringent — imprisonment  for  the  first  offense  of  the  rumseller. 

January  25, 1855. 


Moderate  drinkers  sustain  the  law  ;  such,  for  instance,  as  have  dissipated  relatives  ;  such  as  employ  many 
laborers;  such  as  do  business  in  neighborhoods  where  drunkenness  has  been  frequent,  but  has  now 
diminished  ;  such  as  have  an  eye  to  their  pockets,  and  observe  the  diminution  in  pauper  rates  ;  and  such  as 
notice  less  criminal  practice  in  our  courts. — J.  F.  GODFREY,  ESQ.,  of  Bangor. 

PENOBSCOT    COUNTY. 

Good  accomplished— Population— From  CHARLES  II.  DB  WOLFE,  Esq.:— Difficulties  in  the 
way  of  enforcing  the  law. 

BANGOR.— Population— From  EDMUND  KENT,  Esq. :— A  marked  change— Enforcement  of 
the  law— Pub'ic  opinion.— From  W.  II.  McEuiATir,  Esq. -.—Drunkenness  decreased— 
Maine  Liquor  Law  among  the  lumbermen. 

ETNA. — Population — From  Eev.  JOHN*  C.  FRIEND  :— Period  of  enforcement — Sale  of  liquor 
— Public  Health — Crime — The  Sabbath — Public  opinion — The  hardest  cases  improved. 

DEXTER.— Populaiion— From  Rev.  C.  M.  HEKRING  :— Period  of  enforcement—Crime— At- 
tendance at  church — Peace  of  the  village. 

DIXMONT.— Population— From  Rev.  EBKNEZER  ALLEN*  :— Period  of  enforcement— Crime- 
Public  health — Reclaimed  from  intemperance — Trade. 

206 


CHAP.  VIE.]  IN  MAINE.  [SEc.  1-3. 

NORTH  DIXMONT. — Population— Period  of  enforcement — Public  health— A  sober  com- 
munity— Industry — Public  opinion. 

OLDTOWN.— Population— From  CHARLES  II.  DE  WOLFE,  Esq. :— Period  of  enforcement— Re- 
claimed from  intemperance — The  Sabbath — Public  opinion — The  lumbering  interest  and 
its  effects.— From  Kev.  J.  C.  KNOWLTON  :— The  enforcement  of  the  Maine  Liquor  Law- 
Crime— Public  health— Trade— The  Sabbath— Public  opinion— Official  dereliction. 

1.  NOTWITHSTANDING  numerous  obstacles  to  the  enforcement 
of  the  law  in  Penobscot  County,  considerable  good  has  already 
been  accomplished  there. 

2.  Population  63,089. 

From  CHARLES  H.  DE  WOLFE,  Esq.,  Philadelphia,  Pa. 

3.  DIFFICULTIES  IN  THE  WAY  OF  ENFORCING  THE  MAINE  LIQUOR  LAW. 
—There  are  numerous  difficulties  in  the  way  of  enforcing  the  law,  a  few  of 
which  I  will  mention.     The  wealth  of  the  State  is  directly,  or  nearly  so,  on 
the  side  of  liquor;  and  liquor  is  on  their  side — inside  and  outside!    When 
"  Honorables,"  Judges,  Esquires,  Bank  Presidents,  and  a  swarm  of  "  legal" 
pettifogging  human  buzzards  all  drink,  get  drunk !  and  have  the  control  in- 
side and  outside,  around,  up  and  down  the  court-house,  and  all  its  wardrobe 
and  paraphernalia,  of  course  many  will  dare  to  sell  and  more  dare  to  drink. 
I  have  known  indictments  which  were  granted  by  the  Grand  Jury  of  Penob- 
scot County  (the  evidence  for  which  was  procured  by  great  cost  and  long 
vigilance — the  Maine  Liquor  Law  makes  rumsellers  "  old  foxes")  gotten  rid 
of  by  the  influence  of  county  attorney  and  judge,  without  paying  any  thing 
to  the  treasury,  when  $  100  is  the  penalty  under  such  cases !  and  none  but 
the  "  legal"  party  know  how  much  it  cost  the  indicted  rumseller  to  '•'  rub  out 
his  scot"  in  "  treats"  for  their  generous  treatment.    Verily,  as  SHAKESPEARE 
says,  "  A  fellow-feeling  makes  one  wondrous  kind."     But  in  the  case  above 
referred  to  I  am  reminded  of  an  anecdote  of  a  judge  which  might  have  been 
familiar  with  the  legal  gentleman  in  this  case ;  if  so,  I  can  not  so  much  blame 
them  after  all,  as  the  principle  smacks  more  of  justice  and  honor  than 
generally  characterizes  rum-judges,  county  attorneys,  or  the  knights  of  the 
"green  bag"  of  BLACKSTONE.     But  to  the  anecdote.     "Bill,"  "  Joe,"  and 
"  Sam"  were  indicted  for  common  drunkenness,  and  were  brought  before  his 

Honor,  Judge  H ,  a  portly  and  venerable  judge  of  the  police  court  of 

H ,  in  the  State  of  Ohio,  who,  by  the  way,  was  a  Dutchman.     The 

prisoners  were  arraigned  to  answer  the  indictment.    "  Guilty  or  not  guilty." 
"  Guilty,  yer  honor,"  was  the  response  from  all.     His  Honor  then  addressed 
"  Bill"  as  follows :  "  Veil,  Bill,  vat  you  gets  drunk  on  ?"     "  On  rum,  your 
Honor."    "  Veil,  den,  I  fines  you  ten  dollar."    "  Joe,  vat  you  gets  drunk  on  ?" 
"On  brandy,  your  Honor."     "Veil,  den,  I  fine  you  ten  dollar"     "Veil, 
Sam,  whats  you  gets  drunk  on  ?"     "  I  get  drunk  on  wine,  your  Honor." 
"  Veil,  den,  I  fines  you  just  notting  at  all,  for  I  gets  drunk  on  dat  myself." 

February  7, 1855. 

207 


CHAP.  VHL]  RESULTS  OF  PROHIBITION  [SEC.  4-12. 

BANGOR. 

4.  Population  14,432. 

From  EDMUND  KEXT,  Esq.,  Counselor  at  Law,  Governor  of  the  State  of  Maine  in  1S38  to 
1S41,  and  United  States  Consul  to  Eio  Janeiro. 

5.  A  MARKED  CHANGE.  —  Before  I  went  to  South  America  I  had  wit- 
nessed the  evils  of  intemperance  in  Bangor,  where  I  reside.     I  know  a  very 
marked  change  upon  the  place. 

6.  ENFORCEMENT  OF  THE  LAW.-  -The  law  seems  to  be  enforced  there 
with  a  good  deal  of  determination.     There  are  no  open  places  for  the  sale 
of  liquor,  although  it  can,  undoubtedly,  be  obtained. 

7  PUBLIC  OPINION.  —  I  do  think  that  a  large  proportion  of  the  people  of 
Bangor  are  favorable  to  the  law.  Even  those  not  strictly  temperance  men 
are  favorable  to  its  enforcement,  and  the  feeling  is  gradually  increasing.  I 
am  satisfied  that  if  the  authorities  desire  to  enforce  the  law,  public  senti- 
ment will  sustain  them  in  it. 

February  21,  1855.* 

From  W.  H.  MCELRATH,  Esq. 

8.  DRUNKENNESS  DECREASED.  —  There  have  been  a  number  of  violations 
of  the  law  in  Bangor  ;  but  drunkenness  has  decreased  very  much,  and 
nearly  all  whose  opinion  is  worth  asking,  have  become  convinced  that  the 
law  has  proved  a  great  blessing  to  Bangor,  and  that  it  only  requires  to  be 
made  a  little  more  stringent  in  some  of  its  provisions,  to  banish  drinking 
and  drunkenness  entirely  from  the  State. 

9.  MAINE  LIQUOR  LAW  AMONG  THE  LUMBERMEN.  —  The  firm  to  which 
I  belong  employed  700  men  in  the  lumbering  business  last  winter.    We  sup- 
plied no  liquor  to  the  camp,  nor  was  any  used  by  the  men,  and  both  em- 
ployers and  employed  were  delighted  with  the  workings  of  the  law.     The 
men  worked  better  without  it,  and  the  winter  passes  away  much  more  pleas- 
antly and  cheerfully.     Last  winter  there  were  on  the  Aroostook  River  a 
large  number  of  men  waiting  to  be  engaged  for  the  season,  and  the  quiet 
way  in  which  they  conducted  themselves  was  a  general  subject  of  remark. 
It  was,  indeed,  gratifying  to  see  scores  of  our  hardy  lumbermen,  who  for- 
merly were  in  the  habit  of  drinking  very  freely,  spending  their  leisure  days 
—  which  with  all  that  class  are  days  of  temptation  —  soberly  and  orderly. 


ETNA. 

10.  Population  802. 

From  Mr.  JOHN  C.  FKIKND,  Mechanic,  Baptist. 

11.  PERIOD  OF  ENFORCEMENT.  —  Since  June  2d,  1851.     It  is  enforced  as 
far  as  cases  become  known. 

12.  SALE  OF  LIQUOR.—  A  very  little  liquor  is  sold,  and  that  very  slyly. 

*  From  The  Maine  Law  Illustrated. 

208 


CHAP.  VIH.]  IN  MAINE.  [SEC.  13-29. 

13.  PUBLIC  HEALTH. — The  general  health  of  the  community  in  relation 
to  fever,  etc. ,  has  improved. 

14.  CRIME. — Crime  has  diminished  three  fourths. 

15.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased. 

16.  PUBLIC  OPINION". — All  good  citizens  are  in  favor  of  the  law.     Many 
who  were  at  first  opposed  are  now  favorable  toward  it. 

17.  "  HARDEST  CASES  IMPROVED." — Some  who  were  the  hardest  cases  of 
rum-drinkers  now  vote  in  favor  of  the  law,  and  have  nearly  all  abandoned 
the  use  of  liquor.     They  now  maintain  their  families  in  comfort,  while  be- 
fore they  kept  them  on  a  very  small  allowance. 

February  28, 1855. 

DEXTER. 

18.  Population  1,948. 

From  Eev.  C.  M.  HEEBING,  Baptist. 

19.  PERIOD  OF  ENFORCEMENT. — About  three  years  and  six  months. 

20.  CRIME. — We  have  had  no  cases  of  crime  since  that  period,  to  my  rec- 
ollection.    Several  cases  occurred  previously. 

21.  ATTENDANCE  AT  CHURCH. — My  congregation  has  been  increased 
within  that  period,  from  several  causes,  about  one  fourth. 

22.  PEACE  OF  THE  VILLAGE. — Four  or  five  years  ago  we  were  almost 
constantly  meeting  in  this  place  the  signs  of  hard  drinking.     There  were 
one  or  two  dirty  holes  where  the  liquor  was  continually  sold,  and  the  sad 
effects  thereof  were  seen  on  every  hand.     But  now  these  signs  of  selling 
liquor  and  of  drinking  have  almost  entirely  disappeared. 

February  13, 1855. 

DIXMONT. 

23.  Population  1,605. 

From  Eev.  EBKNEZER  ALLEN,  Free- Will  Baptist.    Care  of  two  churches ;  also  partially  en- 
gaged iu  agriculture. 

24.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 

25.  CRIME. — Although  this  has  long  been  regarded  as  a  temperance  town, 
and  has  been  without  much  crime,  what  there  was  has  diminished  some. 

26.  PUBLIC  HEALTH. — There  are  not,  I  think,  more  than  one  fourth  as 
many  cases  of  fever  and  insanity  as  before. 

27.  RECLAIMED   FROM    INTEMPERANCE.  —  I  think  as  many  as  thirty 
cases  of  reclamation  from  intemperance  have  come  within  the  scope  of  my 
observation  as  a  result  of  the  Maine  Liquor  Law. 

28.  TRADE. — I  think  there  has  been  an  increase  in  the  legitimate  home 
trade. 

February  13, 1855. 

NORTH    DIXMONT. 

29.  Population  1,605. 

209 


CHAP.  Vm.]  RESULTS  OF  PROHIBITION  [SEC.  30-41 . 

From  Eev.  WALTER  RANDOLPH,  Free-Will  Baptist. 

30.  PERIOD  OF  ENFORCEMENT. — Since  June  2d,  1851. 

31.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  been 
very  good  ever  since. 

32.  A  SOBER  COMMUNITY. — This  is  a  sober  community. 

33.  INDUSTRY. — Industry  prevails  here. 

34.  PUBLIC  OPINION. — A  large  majority  of  respectable  citizens  are  in 
favor  of  the  Maine  Liquor  Law. 

February  15, 1865. 

OLDTOWN 

35.  Population  in  1850,  3,087.     In  1854,  4,000. 

From  C.  H.  DE  WOLFK,  Esq.,  of  Philadelphia,  Pa. 

36.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  en- 
forced at  Oldtown,  occasionally  only,  since  its  enactment,  June  2d,  1851. 

37.  RECLAIMED  FROM  INTEMPERANCE. — There  are   a  goodly  number 
•who  were  saved  by  the  Washingtonian  and  Sons  of  Temperance  movement, 
before  the  enactment  of  the  Maine  Liquor  Law,  but  as  the  law  has  not  been 
efficiently  enforced  I  can  not  report  more  of  such  cases. 

38.  TRADE. — There  has  been  an  increase  in  the  legitimate  home  trade  of, 
I  presume,  twenty-five  per  cent,  since  1851,  a  part  of  which  may  be  the  re- 
sult of  the  law  and  a  part  to  the  growing  population  and  other  causes. 

39.  THE  SABBATH. — To  a  transient  observer  Oldtown  pays  but  little  re- 
gard to  the  Sabbath,  but  in  reality  her  permanent  citizens  are  a  church- 
going  people,  and  this  habit  has  been  somewhat  stimulated  by  the  healthful 
influences  of  the  Maine  Liquor  Law.     The  population  is  always  fluctuating 
in  this  town,  owing  to  the  extensive  lumber  interests  at  and  within  short 
distances  of  its  vicinity.     Lumbermen  think  the  mottoes,  "  The  early  bird 
catches  the  worm,"  and  "  Make  hay  when  the  sun  shines,"  and  "  Sack  the 
river,  run  rafts,  and  saw  lumber  when  the  water  is  a  good  pitch,"  are  of  more 
consequence  than  observing  the  Sabbath,  so  they  keep  to  work  and  serve 
God  by  proxy,  paying  their  seven  different  clergymen  very  liberally  for 
praying  for  them. 

40.  PUBLIC  OPINION. — There  is  but  one  opinion  among  moral,  staunch, 
good  citizens  of  Oldtown,  in  relation  to  the  effects  of  the  Maine  Liquor  Law, 
when  it  is  faithfully  and  promptly  enforced,  and  that  is,  that  it  is  one  of  the 
most  righteous  enactments  there  is  on  the  statute  book,  and  will  annihilate 
the  common  liquor  traffic. 

41.  THE  LUMBERING  INTEREST  AND  ITS  EFFECTS. — I  can  say  safely, 
during  a  residence  of  thirteen  years  in  this  place,  that  no  town  in  the  State, 
all  things  being  understood,  has  worked  harder,  made  more   sacrifices, 
and  succeeded  better  in  temperance  matters  than  she.     Many  true  CALEBS 
and  JOSHUAS,  EPHRAIMS,  CULTERS,  NOHAMS,  DAVIDS,  HIRAMS,  JOHNS, 
JAMESES,  etc.,  will  go  down  to  posterity  with  grateful  remembrance  as  among 

210 


CHAP.  IX.]  IN   MAINE.  [SEC.  42-48. 

the  benefactors  of  their  race.  The  lumber  interest  employs  many  of  the 
"  bone  and  muscle"  (undeveloped  morally  and  intellectually)  of  society,  who 
are  kept  in  the  forest  and  on  the  river  half  the  year  in  a  semi-savage  state, 
away  from  the  restraining  and  refining  influences  of  good  society.  They 
are  wild  men,  and  like  certain  animals  (upon  which  they  feed,  by  the  way), 
are  fond  of  swill,  and  "  will  root  if  not  rung"  This  kind  of  society  has  its 
demands,  and  there  are  always  enough  to  meet  them  with  the  supply ;  hence 
Oldtown,  like  Bangor,  and  Penobscot  County  generally,  has  had  a  heavier 
load  to  carry  than  other  parts  of  the  State. 

From  Rev.  J.  C.  KNOWLTON,  Universalist. 

42.  THE   ENFORCEMENT  OF  THE  MAINE   LIQUOR  LAW. — The  Maine 
Liquor  Law  has  not  been  properly  enforced  in  this  town. 

43.  CRIME. — There  is  a  diminution  of  crime  of  fifty  per  cent,  wherever  the 
law  is  enforced. 

44.  PUBLIC  HEALTH. — I  think  that  health  has  improved  much. 

45.  TRADE. — There  has  been  an  increase  in  legitimate  home  trade. 

46.  THE  SABBATH. — The  observance  of  the  Sabbath  has  greatly  in- 
creased. 

47.  PUBLIC  OPINION. — All  respectable  citizens  like  it,  but  wish  for  a  more 
stringent  law. 

48.  OFFICIAL  DERELICTION. — I  have  seen  flunkies  afraid  to  do  their  duty 
in  the  enforcement  of  this  law. 

February  7,  1855. 


ptu  fHiu, 

One  peculiarity  of  the  law  was,  that  no  sooner  was  it  passed  and  put  in  force  than  it  began  to  raise  up 
friends  to  itself.  Many  who  stood  aloof,  some  opposers,  and  even  friends  of  temperance,  who  feared  and 
trembled  when  the  law  was  first  enacted,  as  soon  as  they  came  to  see  its  workings  and  witness  its  admira- 
ble results,  became  its  immediate  and  fast  friends  ;  and  the  law  has  continued  to  gain  friends  ever  since, 
just  about  in  proportion  to  the  degree  of  its  execution.  Our  rural  regions  are  generally  temperate  ;  our 
cities  and  villages  scarcely  less  so.— REV.  DAVID  CUSHMAN,  of  Newcastle,  Me. 

SOMERSET   COUNTY. 

The  efficiency  of  the  Maine  Liquor  Law  exemplified— Population. 

BRIGHTON. — Population  —  From  Rev.  CYPRIAN  S.  PRATT: — Crime — Public  health — Re- 
claimed from  intemperance — Trade — The  Sabbath — Sold  clandestinely — Seizure  of  liquor 
— The  change  —  Tranquillity  of  the  town  —  Puolic  opinion — No  liquor  sold — Secret 
drinking. 

PALMYRA. — Population — From  Rev.  JOSEPH  P.  ROBERTS  : — Period  of  enforcement — Crime 
— Public  health — Reclaimed  from  intemperance — Trade — Enforcement  of  the  Maine'Li- 
qnor  Law — The  Sabbath — Attendance  at  church — Public  sympathy — Economy  of  the 
Maine  Liquor  Law— Maine  Liquor  Law  fees— Loss  of  time  at  groggeries— The  elections 
—Our  expectation  and  our  encouragement. 

211 


CHAP.  IX.]  RESULTS  OF  PROHIBITION  [SEC.  1-16. 

1.  THE  efficiency  of  the  Maine  Liquor  Law  for  the  prevention 
of  intemperance  and  its  attendant  evils  is  completely  exemplified 
in  the  county  of  Somerset,  as  will  be  seen  by  the  following  speci- 
mens of  the  returns  from  this  county. 

2.  Population  35,581. 

BRIGHTON. 

3.  Population  748. 

From  Kev.  CYPRIAN  S.  PBATT,  Free- Will  Baptist. 

4.  PERIOD  or  ENFORCEMENT. — The  Maine  Liquor  Law  was  not  strictly 
enforced  here  until  August,  1854. 

5.  CRIME. — Crime  has  diminished  ten  per  cent. 

6.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  increased 
about  twenty -five  per  cent. 

7.  RECLAIMED  FROM   INTEMPERANCE. — I  know  of  some  six  or  eight 
young  men  who  are  completely  reclaimed  by  the  operation  of  this  law. 

8.  TRADE. — There  has  been  an  increase,  in  some  degree,  in  the  legitimate 
home  trade  of  this  village. 

9.  THE  SABBATH. — The  observance  of  the  Sabbath  has  most  assuredly 
increased. 

10.  SOLD  CLANDESTINELY. — Until  August  last  the  law  was  evaded  by 
clandestine  sales. 

11.  SEIZURE  OF  LIQUOR. — A  seizure  of  some  eighty  or  ninety  gallons  of 
spirits  was  made  upon  a  Mr.  COBB  of  this  village,  a  noted  rumseller,  and  he 
was  made  to  pay  a  fine  of  twenty  dollars  and  costs.    He  gave  bonds  to  the 
town  to  sell  no  more  liquor. 

12.  THE  CHANGE. — Since  the  above  seizure  was  made,  the  town  has  be- 
come an  entirely  different  place. 

13.  TRANQUILLITY  OF  THE  TOWN. — There  is  now  "peace  throughout  our 
borders ;"  but  before  the  law  was  properly  enforced,  drunkenness  and  dis- 
order prevailed  on  Saturday  evenings,  and,  indeed,  throughout  the  Sabbath. 

14.  PUBLIC  OPINION. — As  a  general  thing,  it  can  truly  be  said  that  this 
is  a  popular  law.     I  am  satisfied  that  the  largest  majority  of  this  town 
would  be  opposed  to  a  repeal  of  the  Maine  Liquor  Law. 

15.  No  LIQUOR  SOLD. — The  law  is  now  completely  enforced,  and  no  liquor 
is  now  sold  except  as  prescribed  by  the  law. 

16.  SECRET  DRINKING. — Before  the  law  was  so  strictly  enforced,  there 
was  a  couple  living  in  this  town  who  used  to  keep  liquor  for  sale.     In  order 
to  hide  it  from  the  vigilance  of  the  authorities,  it  was  placed  under  the  bed 
where  they  slept.     During  the  night,  when  the  husband  was  asleep,  the  wife 
would  creep  under  the  bed  and  fill  herself  with  the  liquor,  and  was  found 
in  the  morning  by  her  husband  in  a  state  of  beastly  intoxication.     This  is 
all  done  away  with  now. 

February  17,  1855. 

212 


CHAP.  IX.]  IN  MAINE.  [SEC.  17-28. 

PALMYRA. 

17.  Population  1,625. 

From  Rev.  JOSEPH  P.  EGBERTS,  Baptist. 

18.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  since  1851. 

19.  CRIME. — There  has  been  a  diminution  in  crime  of  fifty  per  cent. 

20.  PUBLIC   HEALTH. — Health  always  improves  as  the  too  frequent 
use  of  rum  or  other  spirituous  liquors  is  avoided.     I  have  heard  of  no 
cases  of  fever,  insanity,  etc.,  since  the  Maine  Liquor  Law  came  into  opera- 
tion. 

21.  RECLAIMED  FROM  LNTEMPERANCE. — Multitudes  of  cases  of  reclama- 
tion from  intemperance  have  come  within  the  scope  of  my  observation.     I 
know  some  young  men  who  were  taking  rapid  steps  to  the  drunkard's  grave 
who  are  now  happy  ;  also  fathers  reclaimed,  to  the  joy  of  their  wives,  and 
comfort  and  support  of  their  children. 

22.  TRADE. — Business  brightens,  and  trade  increases  wherever  a  town  is 
blessed  with  moral  enactments.    The  Maine  Liquor  Law  in  this  town  has 
greatly  increased  our  prosperity. 

23.  ENFORCEMENT  OF  THE  MAINE  LIQUOR  LAW. — All  the  town  officers 
being  temperance  men,  the  law  is  enforced  and  duly  observed  in  every  par- 
ticular. 

24.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased  about 
fifty  per  cent. 

25.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  been 
increased  about  one  fourth. 

26.  PUBLIC  SYMPATHY. — There  is  sympathy  on  the  part  of  all  respecta- 
ble citizens  in  favor  of  the  Maine  Liquor  Law,  and  they  are  satisfied  that  it 
is  just  the  thing  required. 

27.  ECONOMY  OF  THE  MAINE  LIQUOR  LAW. — It  was  stated  that  in  our 
town  the  sale  of  intoxicating  liquor  could  not  be  restricted  by  law  and  con- 
fined to  the  agent.    We,  however,  applied  the  Maine  Liquor  Law  to  two 
rumsellers,  one  of  whom  was  to  all  intents  notorious.     We  found  the  appli- 
cation most  salutary.     They  both  paid  their  costs,  and  the  traffic  ceased. 
No  rum  has  since  been  sold  by  them.     In  these  cases  the  cost  to  them  could 
not  exceed  ten  dollars,  whereas  the  cost  of  rum-shops  to  the  town  and  to 
individuals  would  be  more  than  two  hundred  dollars  for  the  year. 

28.  MAINE  LIQUOR  LAW  FEES. — It  has  been  argued  that  the  Maine 
Liquor  Law  gave  pettifoggers  or  petty  lawyers  a  chance  to  fill  their  pock- 
ets.    In  these  cases  of  prosecution  the  fee  of  the  lawyer  was  two  dollars ; 
that  of  the  justice  fifty  cents.     Now  balance  that  two  dollars  and  fifty  cents 
with  the  lost  time,  the  losses  by  fire,  and  property-destroyed  through  the 
influence  of  the  rum-shops  and  the  rumseller — to  say  nothing  of  the  immo- 
rality caused — and  we  shall  see  who  has  the  ground  of  argument  in  the  case. 

213 


CHAP.  IX.]  RESULTS  OF   PROHIBITION  [SEC.  29-31. 

The  one  is  small,  the  other  almost  immeasurable.     One  counts  cents,  the 
other  dollars.     One  counts  time,  the  other  eternity  ! 

29.  Loss  OF  TIME  AT  GROGGERIES.— Take  into  account  the  time  spent  at 
the  grog-shop  in  days  and  half  days.     Perhaps  twenty  men  in  this  village 
would  lose  half  a  day  each  on  a  Saturday.     This  is  a  low  computation.     If 
their  time  be  worth  only  one  dollar  a  day,  here  is  ten  dollars  a  week  squan- 
dered.    This  five  hundred  and  twenty  dollars  a  year  is  thus  taken  from  the 
industry  of  the  village  and  sunk.     It  benefits  nobody.     While  there,  the  men 
will  doubtless  spend  as  much  money  as  their  time  is  worth  in  liquor.     In 
this  way,  by  the  enactment  of  the  Maine  Liquor  Law,  twenty  poor  families 
have  had  added  to  their  incomes  the  sum  of  $1,040,  which  is  undoubtedly 
spent  in  useful  merchandise,  to  the  benefit  of  both  the  retailer  and  con- 
sumer.   This,  however,  is  only  a  small  portion  of  the  benefits  of  the  Maine 
Liquor  Law  in  this  place. 

30.  THE  ELECTIONS. — That  all  our  respectable  citizens  are  decidedly  in 
favor  of  the  Maine  Liquor  Law  is  evident  from  our  elections.     It  was  on 
this  qxiestion  that  our  last  election  turned.     The  Maine  Liquor  Law  voters 
went  for'  a  man  for  Governor,  who,  if  elected,  would  by  his  administration 
carry  out  the  active  principles  of  the  Maine  Liquor  Law.     The  "  honorable 
rum  party" — as  they  pleased  to  call  themselves — went  for  a  man  who  would, 
if  elected,  cause  the  Maine  Liquor  Law  to  become  a  dead  letter.     But  an 
all-wise  Providence,  through  the  energetic  influence  of  the  true  sons  of  tem- 
perance, had  decided  otherwise,  and  there  has  been  a  mighty  victory 
achieved. 

31.  OUR  EXPECTATION  AND  OUR  ENCOURAGEMENT. — We  expect  to  go 
on  "  from  conquering  to  conquer,"  till  the  whole  world  shall  be  blessed 
with  such  a  glorious  law.     In  contributing  my  mite  to  the  book  you  pro- 
pose, I  am  happy  to  find  men  in  our  national  council  leading  such  a  com- 
mendable enterprise. 

Febrwtry  7,  1S55. 


214 


CHAP.  X.]  IN  MAINE.  [SEC.  1-10. 


®*iu 

If  those  who  are  Interested  think  the  law  will  be  Inoperative,  all  we  ask  is,  Give  us  the  law.  If  y<m 
think  it  will  not  do  any  thing,  why  do  you  cry  ?  If  you  think  it  will,  we  think  so  too.— EEV.  HKNBY  WABD 
BKECHKR. 

WALDO   COUNTY. 

The  law  of  great  service  to  the  whole  community— Population. 

MONROE. — Population — From  Eev.  MELZAR  DTJNBAR  : — Crime — Public  health — Eeclaimed 
from  drinking— Attendance  at  church— Public  opinion— Sale  of  liquor  restricted. 

SEAKSMONT.— Population— From  Eev.  THOMAS  CHIPMAN  :— Period  of  enforcement— Pub- 
lic health— The  Sabbath— Attendance  at  church. 

SEARSPORT.— Population— From  Eev.  STEPHEN  THTJRSTON  :— Period  of  enforcement— Pro- 
tection to  the  young— Public  opinion— The  Maine  Liquor  Law  gives  power  to  the  friends 
of  temperance— Application  of  the  law— Clandestine  sale  of  liquor— Communication  with 
Boston — Art  and  cunning  of  the  adversaries. 

1.  THE  effects  of  the  Maipe  Liquor  Law  in  Waldo  County 
are  of  an  encouraging  character,  as  will  be  seen  by  the  following 
specimens  of  the  returns  from  this  county.     The  power  of  the 
law  is  evidently  being  used  by  the  friends  of  temperance  and 
good  order  with  great  advantage  to  the  whole  community 

2.  Population  47,230. 

MONROE. 

3.  Population  1,606. 

From  Eev.  MELZAR  DTJNBAR,  Baptist 

4.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in  oper- 
ation here  since  March,  1852. 

5.  CRIME. — No  crime  worthy  of  note  has  been  committed  in  this  town 
since  1852. 

6.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  in  some 
degree  improved. 

7.  RECLAIMED  FROM  DRINKING. — I  should  say  there  are  at  least  fifty 
persons  who  drank  more  or  less  before  the  law  was  enacted,  who  have  be- 
come total  abstainers  in  consequence  of  the  Maine  Liquor  Law. 

8.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  in- 
creased more  than  fifty  per  cent. 

9.  PUBLIC  OPINION. — All  respectable  citizens  are  in  favor  of  the  law. 

10.  SALE  OF  LIQUOR  RESTRICTED. — Since  the  Maine  Liquor  Law  went 
into  operation  here  not  one  person  has  been  intoxicated  by  liquors  obtained 
in  this  town.     The  law  has  accomplished  thus  much  in  restricting  the  sale, 
if  it  has  not  entirely  prohibited  it. 

215 


CHAP.  X.]  RESULTS  OF  PROHIBITION  [SEC.  11-25. 

11.  MAINE  LIQUOR  LAW  A  BLESSING. — The  Maine  Liquor  Law  works 
well.  To  bless  a  town,  a  State,  or  a  nation,  it  only  requires  that  the  Maine 
Liquor  Law  be  placed  upon  the  statute  book,  and  sustained  by  the  people, 
I  could  enumerate  a  thousand  blessings  it  would  procure — blessings  un- 
thought  of  by  a  people  unacquainted  with  its  benign  effects.  It  blesses  all, 
it  curses  none ! 

January  3, 1855. 

SEARSMONT. 

12.  Population  1,693. 

From  Rev.  THOMAS  CHIPMAN,  Oalvinistic  Baptist 

13.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  two  years. 

14.  PUBLIC  HEALTH. — There  is  less  sickness -in  the  community  than  for- 
merly. 

15.  THE  SABBATH. — The  observance  of  the  Sabbath  has  increased  as  a 
result  of  the  Maine  Liquor  Law. 

16.  ATTENDANCE  AT  CHURCH. — My  congregation  has  been  increased 
from  the  same  cause. 

January  3, 1855. 

SEARSPORT. 

17.  Population  2,208. 

From  Rev.  STEPHEN  THUKSTON,  Congregationalist,  twenty-nine  years  pastor  in  Searsport. 

18.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  has  been  in 
operation  here  since  its  approval  in  1851. 

19.  PROTECTION  TO  THE  YOUNG. — Probably  many  have  been  withheld 
from  forming  a  drunkard's  appetite.     Still  we  are  by  no  means  free  from 
intemperance. 

20.  PUBLIC  OPINION.  — The  general  feeling  of  respectable  citizens  is  de- 
cidedly in  favor  of  the  Maine  Liquor  Law.     They  would  not  dispense  with 
it  on  any  account. 

21.  THE   MAINE   LIQUOR   LAW  GIVES   POWER   TO   THE   FRIENDS  OF 
TEMPERANCE. — The  temperance  reform  has  been  a  great  blessing  to  this 
place.     The  law  gives  us  power  to  suppress  the  open  traffic.    We  have  ap- 
plied it  several  times  with  great  effect. 

22.  APPLICATION  OF  THE  LAW. — Last  week  we  searched  two  places, 
found  spirits,  and  fined  the  keepers. 

23.  CLANDESTINE  SALE  OF  LIQUORS. — If  any  be  kept  in  town,  it  is  kept 
so  clandestinely  that  the  evidence  is  not  yet  obtained. 

24.  COMMUNICATION  WITH  BOSTON. — Our  communication  with  Boston 
is  so  easy  and  frequent,  that  it  is  as  yet  impossible  to  exclude  spirits  wholly 
from  the  place. 

25.  ART  AND  CUNNING  OF  THE  ADVERSARIES. — Much  art  and  cunning 
are  practiced  in  introducing  liquor  clandestinely. 

January  7,  1855. 

216 


CHAP.  XI.]  IN  MAINE.  [SEC.  1-8. 


I  would  as  soon  think  of  reading  the  Ten  Commandments  to  a  block  of  granite  as  of  using  moral  sua- 
sion to  a  rumseller.— EKV.  HEXUY  WARD  BEKCHKB. 

WASHINGTON    COUNTY. 

The  results  of  the  Maine  Liquor  Law  observable  among  travelers — Population. 

CALAIS.— Population — From  Hon.  NOAH  SMITH,  Jun. : — All  sale  of  liquor  abolished — Seiz- 
ures of  liquor. 

BAKING.— Population — From  Kev.  ASA  H.  GOULD  : — Period  of  enforcement — Public  opin- 
ion—Dram-shops  closed— Liquor  otherwise  obtained. 

MACHIAS.— From  Rev.  J.  TV.  TUBNER  :— Sale  of  liquor. 

1.  THE   success   of  the   Maine  Liquor  Law  in  Washington 
County,  although  not  so  great  as  in  some  others,  is  nevertheless 
sufficient  to  make  the  improvement  effected  a  matter  of  remark 
among  travelers  [Sec.  12],  and,  considering  the  difficulties  arising 
from  its  proximity  to  New  Brunswick,  where  the  law  is  not  yet 
fully  enforced,  much  good  has  been  effected. 

2.  Population  38,811. 

CALAIS. 

3.  Population  4,749. 

From  Hon.  NOAH  SMITH,  Jun.,  in  Executive  Council. 

4.  ALL,  SALE  OF  LIQUOR  ABOLISHED. — The  sale  of  liquors  in  Calais  is 
entirely  abolished ;  there  is  no  place  where  it  can  be  had  openly.    I  know  of 
none  where  we  even  suspect  it  can  be  had  covertly.     Liquors  were  sold  to  a 
large  amount  before  the  passage  of  the  law. 

5.  SEIZURES  OF  LIQUOR. — One  of  the  largest  seizures  of  liquor  ever  made 
in  Maine  was  made  in  Calais  some  time  in  1851,  when  fifty  barrels  of  liquor 
were  seized  and  destroyed,  and  no  hostile  feeling  was  manifested. 

February  21, 1855.* 

BARING. 

6.  Population  380. 

From  Eev.  ASA  H.  GOULD,  Baptist. 

7.  PERIOD  OF  ENFORCEMENT. — The  law  has  been  in  operation  here  since 
1851. 

8.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly in  favor  of  the  Maine  Liquor  Law. 

*  From  Tlie  Maine  Law  Illustrated. 

10  217 


CHAP.  XH.]  RESULTS  OF  PROHIBITION  [SEC.  1,  2. 

9.  DRAM-SHOPS  CLOSED. — Two  or  three  establishments,  the  only  ones  in 
this  town  where  liquor  was  sold,  have  been  closed. 

10.  LIQUOR  OTHERWISE  OBTAINED. — The  Maine  Liquor  Law  has  not 
exerted  its  legitimate  influence  here,  because  any  one  by  a  few  minutes' 
walk  can  cross  the  St.  Croix  River,  and  in  the  Province  of  New  Brunswick 
obtain  liquor  abundantly. 

January  24,  1855. 

MACHIAS. 

11.  Population  1,590. 

From  Rev.  J.  W.  TURNER,  of  Portland,  District  Secretary  of  the  American  Tract  Society. 

12.  SALE  OF  LIQUOR. — A  few  weeks  since,  while  traveling  in  the  cars, 
I  met  with  a  gentleman  from  Boston.  Our  conversation  turned  upon  the 
present  state  of  the  temperance  cause.  In  the  course  of  the  interview  he 
remarked,  with  a  good  deal  of  emphasis :  "  I  know  there  is  nothing  like  as 
much  selling  and  drinking  in  the  State  of  Maine  as  formerly."  He  once  re- 
sided in  Machias.  A  great  change  had  been  effected  there.  At  the  village 

of  C ,  a  few  miles  west  of  Machias,  some  years  ago,  there  was  a  small 

country  store.  The  merchant  would  go  to  Boston  once  in  three  or  four 
months,  and  among  other  things  would  purchase  and  bring  home  one  barrel 
of  sugar,  two  hogsheads  of  molasses,  and  three  hogsheads  of  rum.  The 
sugar  and  molasses  would  last  through  the  quarter,  but  in  a  single  month, 
sometimes  less,  the  rum  would  be  gone,  and  the  retailer  would  have  to  pur- 
chase another  cargo.  Now  no  intoxicating  liquor  could  be  bought  there. 

April  8, 1854. 


Cftaptn  ftodlu. 


All  the  newspapers  In  the  State,  with  two  exceptions,  sustain  the  Maine  Liquor  Law.—  JOSHUA  NTH,  Jim., 
Waterville,  Me. 

YORK    COUNTY. 

Satisfactory  results— Population. 

BIDDEFORD.— Population— From  Hon.  LEONARD  ANDREWS  :— Enforcement  of  the  law- 
Working  of  the  law— Public  opinion. 

The  counties  of  AROOSTOOK  and  PISCATAQUIS. — Improvement  in  the  Maine  Liquor  Law, 
and  its  probable  results — Eesults  of  prohibition  great  for  the  time  and  circumstances — 
Necessity  for  neighboring  States  and  Provinces  to  adopt  the  Maine  Liquor  Law  to  give 
it  a  fair  chance  in  Maine. 

1.  As   far  as  the  law  has  been  properly  enforced  in  York 
County,  its  results  have  been  highly  satisfactory. 

2.  Population  75,571. 
218 


CHAP.  XH.]  IN  MAINE.  [SEC.  3-9. 

BIDDEFORD. 

3.  Population  in  1850,  6,905  ;  in  1855,  8,000. 

From  Hon.  LEONARD  ANDREWS,  Eepresentative  of  Biddeford. 

4.  ENFORCEMENT  OF  THE  LAW. — The  law  has  not  been  so  strictly  en- 
forced in  our  town,  in  consequence  of  some  little  difference  in  feeling  among 
the  town  officers.     We  commenced  soon  after  the  passing  of  the  law  to  en- 
force it,  and  in  a  very  short  time  we  closed  up  every  grop-shop  in  the  place. 
There  have  been  no  open  shops  since.     It  is,  however,  to  be  had  in  some  low 
places  kept  by  emigrants. 

5.  WORKING  OF  THE  LAW. — So  far  as  my  own  knowledge  goes,  the  law 
has  worked  to  a  charm  in  Biddeford.     When  the  population  was  not  more 
than  2,000, 1  have  seen  as  many  as  thirty  places  for  the  open  sale  of  rum. 
Drunkenness  was  very  prevalent.     But  now  the  scene  is  changed.     From 
my  connection  with  the  city  affairs  previous  to  the  passing  of  the  law,  I  had 
a  good  opportunity  of  witnessing  the  crime  and  drunkenness  that  existed, 
and  can  now  speak  of  the  very  great  change  which  was  speedily  effected. 
We  love  the  law  in  Biddeford. 

6.  PUBLIC  OPINION. — Ever  since  the  law  was  enacted,  the  feeling  of  re- 
spectable citizens  has  been  increasing  in  its  favor,  and  no  combination  of 
political  parties  could  defeat  it  if  a  popular  vote  were  taken  on  the  question. 

February  19, 1855.* 

7.  The  counties  of  Aroostook  and   Piscataquis  have  not  at 
present  sent  us  any  replies  to  our  inquiries — the  only  two  coun- 
ties in  Maine  from  which  we  have  no  intelligence.     We  pre- 
sume, however,  from  the  general  character  of  the  returns  from 
neighboring  counties  that  the  law  is  in  active  and  efficient  oper- 
ation there. 

8.  We  have  now  given  as  much  in  detail  as  our  limits  will 
allow,  the  results  of  the  Maine  Liquor  Law  in  its  own  State. 
The  improvements  recently  made  in  the  law  will,  doubtless,  in- 
crease its  efficiency,  and  promote,  in  a  still  greater  degree,  the 
temperance,  peace,  and  prosperity  of  this  most  interesting  of 
the  American  States. 

9.  When  it  is  remembered  how  short  has  been  the  time  dur- 
ing which  this  experiment  has  been  made  [not  yet  four  years], 
and  how  strong,  in  a  pecuniary  sense,  are  the  opponents  of  this 
reform,  these  results  are  great  indeed.     But  they  are  the  results 

*  From  Tfa  Maine  Law  Illustrated. 

219 


CHAP.  XH.]  RESULTS  OF  PROHIBITION  [SEC.  10. 

of  the  commencement  only  of  a  work  which,  if  persevered  in, 
will  be  a  greater  blessing  to  Maine  than  all  the  other  works  of 
public  improvement  put  together. 

10.  It  is,  of  course,  impossible  for  one  State,  surrounded  by 
several  others  where  the  Maine  Liquor  Law  is  not  in  operation, 
to  avoid  those  evasions  of  the  law  which  unprincipled  men  are 
continually  resorting  to  where  the  means  are  at  hand.  But  when 
the  British  Provinces  and  New  Hampshire  shall  have  done  their 
duty  in  this  respect,  the  laws  of  Massachusetts  being  now  im- 
proved so  as  to  avoid  the  unfavorable  decisions  of  the  courts, 
and  New  York  State  shall  have  added  the  weight  of  her  influ- 
ence by  an  effectual  enforcement  of  her  prohibitory  law  just 
enacted,  Maine  will  have  a  fair  chance  to  make  herself  free  from 
the  vices  of  liquor  selling,  buying  and  drinking,  and  all  their 
train  of  evils,  which  are  already,  to  a  very  great  extent,  removed 
from  the  State. 

May  2, 1855. 

220 


E  E  SU  L  T  S 

OF 

PROHIBITION   IN    MASSACHUSETTS. 


©1U. 

The  temperance  reformation  has  inareased  the  physical  strength  of  the  State  of  Massachusetts  one  sixth. 
—DR.  WARREN. 

STATEMENTS    RELATING    TO    THE    STATE. 

Partial  prohibition  fails  in  accomplishing  its  object— Population— The  passage  of  a  prohib- 
itory law — Its  nullification  by  the  Supreme  Court — Superseded  by  a  new  law.  4 

STATEMENTS  OF  THE  GOVERNOR: — The  evils  of  intemperance  a  legitimate  subject  of  legisla- 
tion— Decision  of  the  Supreme  Court — Perfection  of  the  Massachusetts  Liquor  Law — 
Passage  of  a  new  prohibitory  law. 

STATEMENTS  OF  KEV.  T.  N.  HIGGINSON  :-rThe  law  most  popular  where  most  efficiently  en- 
forced— The  law  best  enforced  farthest  from  Boston — The  law  best  enforced  where  there 
has  been  most  energy  among  temperance  men — In  spite  of  all  drawbacks,  the  law  has 
suppressed  the  open  sale  of  liquor  through  a  large  portion  of  the  State. 

STATEMENT  OF  EEV.  ISAAC  HOSFORD,  OF  LOWELL  : — Drunkenness  obliterated  in  country 
towns. 

STATEMENT  OF  EEV.  J.  T.  WOODBTJRY,  OF  MILFORD  :— The  retail  trade. 

LUCRETIA  MOTT. 

1.  THE  cause  of  prohibition  has  long  agitated  the  State  of 
Massachusetts.     Various  experiments  have  been  tried  in  legis- 
lation, such  as  restricting  the  sale  of  intoxicating  liquor  to  large 
quantities  or  to  a  wholesale  trade,  so  as  to  prevent  the  dram- 
drinking  which  was  doing  so  much  to  destroy  the  character  of 
the  inhabitants  as  well  as  the  lives  of  the  talented  and  inge- 
nious men   and  women    of  this  highly  gifted  State.      But  all 
these  attempts  at  partial  prohiBition  failed  to  remove  the  traffic. 
There  were  some  parts  of  the  State,  however,  as  will  be  seen, 
where  the  temperance  feeling  has  long  prevailed  to  the  extent  of 
refusing  licenses ;   and  these  parts,  particularly  Martha's  Vine- 
yard island,  have  long  enjoyed  the  blessings  of  prohibition. 

2.  Population  994,514. 

3.  In  1852  a  bill,  similar  to  that  of  Maine,  passed  the  Leg- 

221 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  4-8. 

islature  and  became  law.  It  was  being  gradually  enforced 
throughout  the  State  until  1854,  when  the  Supreme  Court  of  the 
State  being  appealed  to  in  several  cases,  pronounced  some 
clauses  of  the  law  unconstitutional.  This  defect,  it  is  believed, 
has  been  remedied  in  the  law  approved  April  20,  1855. 

STATEMENTS  OF  THE  GOVERNOR. 

4.  His  Excellency  Governor  GARDNER,  in  his  address  to  the 
Legislature  of  Massachusetts,  January  9th,  1855,  thus  alludes 
to  the  question  of  legal  restriction  in  relation  to  intemperance  : 

5.  THE  EVILS  OF  INTEMPERANCE  A  LEGITIMATE  SUBJECT  FOR  LEGIS- 
LATION.— The  question  of  temperance  will  naturally  receive  your  deliberate 
consideration.     The  evils  of  intemperance  force  themselves  on  the  attention 
of  every  statesman.     They  appear  at  the  bar  of  our  courts ;  they  cry  aloud 
from  our  prisons,  jails,  and  hospitals,  and  the  wailings  of  our  lunatic  asy- 
lums are  their  voices.    They  drain  our  treasury,  and  swell  the  long  cata- 
logue of  pauperism  and  suffering.     They  are  universally  recognized  as  a 
legitimate  object  for  legislation.    They  claim  the  deep  attention  of  the  law- 
giver as  well  as  of  the  philanthropist. 

6.  DECISION  OF  THE  SUPREME  COURT. — Our  Supreme  Court,  a  tribunal 
that  has  the  just  confidence  of  all,  having  pronounced  unconstitutional  some 
provisions  of  the  present  anti-liquor  law,  such  sections  should  not  longer  re- 
main on  our  statute-book.     Every  citizen  of  the  State  probably  concurs  in 
the  wish  that  they  be  either  repealed  or  amended. 

7.  PERFECTION  OF  THE   MASSACHUSETTS   LIQUOR   LAW. — Coming,  as 
you  do,  fresh  from  the  people,  your  deliberate  conclusions  will  doubtless  be 
a  fair  criterion  of  their  wishes.    Whatever  measures  you  may  perfect  to 
prevent  intemperance  and  check  pauperism  and  crime,  and  which  are 
deemed  constitutional  by  myself  and  the  officer  whom  the  laws  of  the 
Commonwealth  have  provided  as  my  legal  adviser,  shall  receive  my  unhes- 
itating sanction. 

8.  No  better  proof  of  the  thorough  prohibitory  character  of  the 
Legislature  and  Executive  of  this  Commonwealth  can  be  fur- 
nished than  the  fact  that  they  have  recently  enacted  a  law  far 
more  stringent  in  its  provisions  than  the  former,  and  which  is  to 
take  effect  on  the  1st  of  May,  1855.  This  fact  shows  that  there  is 
a  strong  majority  in  the  State  who  are  in  favor  of  complete  pro- 
hibition. It  was  stated  by  the  Boston  Telegraph  that  twenty  or 
thirty  of  the  thirty-nine  senators,  and  two  thirds  of  the  repre- 
sentatives are  on  the  side  of  prohibition,  and  that  every  depart- 
222 


CHAP.  I]  IN  MASSACHUSETTS.  [SEC.  9,  10. 

ment  of  the  government  was  pledged  to  prohibition,  preat 
activity  on  the  part  of  the  friends  of  prohibition  must  have  pro- 
duced this  happy  result.  The  traffic  in  the  cities,  as  well  as  the 
country  towns,  is  now  doomed  to  its  deserved  annihilation. 

STATEMENTS   OF   REV.   T.   N.   HIGGINSON. 

9.  THE  LAW  MOST  POPULAR  WHERE  MOST  EFFICIENTLY  ENFORCED. — 
The  one  foundation  of  the  law  is  its  supposed  usefulness  to  the  community.' 
This  alone  has  induced  the  labor  and  the  sacrifice  which  it  has  called  forth. 
But  the  law  is  a  mere  machine — an  admirable  machine,  but  a  machine  still. 
It  can  not  execute  itself;   and  where  its  friends  are  remiss,  or  its  foes 
overpoweringly  strong,  it  can  not  do  its  work.     The  expected  results  do  not 
follow,  and  hence  the  law  appears  ineffectual,  and  becomes  unpopular.     So 
in  a  certain  city  of  Europe  the  first  fire-engines  were  surrounded  by  a  mob 
who  endeavored  to  prevent  them  from  playing ;  the  fires  were  not  imme- 
diately extinguished,  and  hence  the  machines  were  considered  a  failure. 
It  is  not  to  be  supposed  that  any  machine,  legal  or  mechanical,  can  be  pop- 
ular without  succeeding,  or  can  succeed  without  a  fair  trial.     Accounts  of 
the  defeat  or  non-enforcement  of  the  law  are  sometimes  accompanied  by 
complaints  that  its  popularity  seems  stationary  or  waning,  while  accounts 
of  its  successful  enforcement  are  uniformly  accompanied  by  assurances  of  its 
increasing  popularity.     Towns  like  Lowell  and  Springfield,  where  the  law 
has  been  enforced  with  energy,  stand  more  favorably  to  it  than  at  the  time 
of  its  passage ;  while  it  has  lost  favor  only  in  places  like  Boston,  Charles- 
town,  Newburyport,»  and  Iloxbury,  where  the  public  and  private  influences 
have  combined  to  prevent  a  fair  experiment  from  being  tried.     This  has  not 
been  universally  the  case,  for  citizens  of  these  last  towns,  and  such  as  these, 
have  still  had  opportunity  to  observe  the  operation  of  the  law  in  other 
places  ;  but  it  is  the  general  rule.     "  Every  successful  enforcement  of  the 
law  has  given  it  public  favor,"  is  a  phrase  used  by  more  than  one  corre- 
spondent.   "  Many,"  say  others,  "  who  did  not  desire  its  passage,  are  earn- 
estly desirous  of  its  continuance."     Some,  on  the  other  hand,  echo  the  opin- 
ion of  the  city  missionary  of  Roxbury  :  "  The  law  has  not  here  gained  in 
favor,  owing  wholly  to  the  fact  that  it  has  not  been  executed." 

10.  THE  LAW  BEST  ENFORCED  FARTHEST  FROM  BOSTON. — The  influence 
of  the  present  determined  inaction  of  the  Boston  city  government,  and  of 
their  past  indirect  nullification  of  the  law  by  a  system  of  licenses  whose 
legal  validity  is  yet  questionable,  has  been  widely  felt  through  a  large  part 
of  the  State.     It  has  lent  the  authority  of  a  great  city  to  a  system  of  bold 
evasion,  and  done  much  to  relax  the  consciences  of  public  officers  generally. 
It  is  impossible  to  foresee  what  other  dangerous  abuses  may  hereafter  shel- 
ter themselves  under  this  precedent,  which  gives  the  rights  and  liberties  of 
all  citizens  into  the  hands  of  their  local  governments.     But  this  evil  is 

223 


UHAP.  I.]  RESULTS  OF  PftOHIBITION  [SEC.  11. 

trifling,  compared  with  a  greater  one.  The  spread  of  Boston  example  is  not 
so  bad  as  the  spread  of  Boston  rum.  Intoxicating  liquids,  like  all  other 
liquids,  have  a  tendency  to  find  their  own  level ;  and  from  the  great  fount- 
ain of  sin  in  Boston  every  railroad  forms  a  conduit,  by  which  the  contra- 
band article  finds  its  level  in  many  a  country  hovel,  parlor,  or  bar-room. 
Were  not  the  fact  already  so,  notorious,  the  committee  could  give  a  startling 
array  of  statements  to  confirm  it.  From  the  whole  eastern  portion  of  the 
State — from  Sandwich  on  the  southeast,  to  Winchendon  and  Milford  on  the 
west,  has  come  up  to  us  one  cry  of  indignation  at  the  direful  results  of  the 
transmission  of  liquors  by  express  from  Boston.  With  the  line  of  Worcester 
County  this  influence  stops ;  and  hence  in  the  four  western  counties  the 
operation  of  the  law  has  been  most  efficient  and  most  popular.  Liquor 
reaches  those  counties  in  less  quantity  from  Connecticut  and  New  York  (as 
it  also  reaches  Middlesex  from  New  Hampshire),  but  not  from  Boston. 
This  deluge  of  corruption  mars  the  results  of  the  law  in  more  ways  than  are 
at  first  apparent.  It  mars  the  real  operation,  and  the  apparent  results.  It 
mars  the  apparent  results,  because  it  sends  to  the  police  court  and  the  jail 
its  own  victims,  and  then  blames  the  law  for  not  saving  them.  And  it 
interferes  with  the  real  operation,  because  it  discourages  town  govern- 
ments, police  officers,  and  good  men  generally,  by  presenting  them  with  an 
evil  which  they  can  not  reach,  and  which,  while  untouched,  seems  to  make 
all  their  other  efforts  useless.  "  We  could  take  care  of  our  own  city  very 
easily,"  say  Fitchburg,  Lynn,  New  Bedford,  "  but  we  can  not  undertake  to 
exhibit  the  full  results  of  the  law  so  long  as  Boston  nullifies."  It  is  a  sig- 
nificant circumstance  that,  by  a  recent  statement  in  the  Common  Council 
of  Boston,  an  unusually  large  proportion  of  the  intemperance  lately  visible 
in  the  streets  of  the  city  has  been  in  the  case  of  visitors  from  the  country. 
It  seems  plain  that  these  persons  have  been  driven  thither  by  the  operation 
of  the  law  in  their  respective  towns,  and  also  that  this  circumstance  must 
greatly  mar  the  good  results  of  such  operation. 

11.  THE  LAW  BEST  ENFORCED  WHERE  THERE  HAS  BEEN  MOST  ENERGY 
AMONG  TEMPERANCE  MEN. — It  would  seem  that  the  public  officers  of  every 
town  would  feel  bound  to  enforce  every  statute  of  the  Commonwealth,  or 
else  to  resign  their  places  to  others ;  but  with  a  law  which  enlists  against  it 
the  basest  passions  of  man,  this  may  not  be  always  the  case.  Public  offi- 
cers, we  regret  to  say,  are  not  always  regenerated  by  being  put  into  office. 
Even  if  disposed  to  act,  they  often  look  to  the  courage  and  energy  of  a  few 
persons  outside  to  sustain  them  in  their  duty.  It  is  one  of  the*  merits  of  this 
law  that  a  few  resolute  men,  sustained  by  the  moral  sentiment  of  the  better 
part  of  the  community,  can  in  most  places  insure  its  execution.  If  those 
men  happen  to  be  in  office  (as  at  Lowell  and  elsewhere),  it  is  so  much  the 
better.  But  experience  has  already  proved  that  where  this  is  not  the  case, 
it  costs  less  trouble  for  energetic  men  to  do  the  work  themselves  than  to 
urge  an  unwilling  or  timid  board  of  officers  to  do  it.  A  town  government, 
234 


CHAP.  I.]  IN  MASSACHUSETTS.  [SEC.  12,  13 

especially,  is  not  apt  by  its  nature  to  be  a  strong  government.  We  caution 
the  friends  of  good  order,  therefore,  against  relying  exclusively  upon  such 
an  one.  If  they  can  secure  a  body  of  selectmen  or  policemen  who  will  act 
as  a  vigilance  committee,  very  well ;  if  not,  let  them  form  themselves  into  a 
vigilance  committee  to  sustain  the  public  authorities,  if  desired ;  or  if  not, 
to  do  the  work  in  their  own  way,  provided  they  can  find  a  single  reliable 
justice  and  constable.  We  are  acquainted  with  one  town  in  Worcester 
County  where  a  committee  of  twelve  citizens  has  held  weekly  meetings  ever 
since  the  law  took  effect.  They  have  made,  or  caused  to  be  made,  five 
seizures,  of  which  four  have  been  successful,  and  the  fifth  is  still  pending ; 
and  the  trade  in  intoxicating  drinks  may,  for  the  first  tune,  be  considered 
as  suppressed  in  that  town.  We  commend  that  example  to  the  friends  of 
temperance  generally,  believing  that  the  law  will  be  best  enforced  where 
private  energy  is  greatest,  and  that  it  will  be  most  popular  where  it  is  best 
enforced.  It  will  of  course  be  understood  that  every  effort  must,  neverthe- 
less, be  made  in  all  cases,  to  induce  the  public  authorities  to  do  the  duty 
which  plainly  devolves  upon  them.  The  law  must  be  recognized  as  standing 
in  precisely  the  same  position  with  all  other  laws,  and  to  be  enforced  by  the 
same  methods. 

12.  IN  SPITE  OF  ALL  DRAWBACKS,  THE  LAW  HAS  SUPPRESSED  THE 

OPEN  SALE  OF  LlQUOR  THROUGH  A  LARGE  PORTION  OF  THE  STATE. 

The  accounts  which  have  reached  us  from  all  portions  of  the  Commonwealth 
go  to  indicate  this  fact,  an  immense  diminution  in  the  open  liquor  traffic. 
They  believe  this  form  of  traffic  to  have  ceased  in  nine  tenths  of  the  towns 
in  the  State.     The  unlawful  trade  has  been  in  some  cases — in  many  cases — 
annihilated ;  in  many  cases  it  has  been  only  driven  into  secret  retreats. 
But  what  a  blessing  is  even  this  !    How  many  does  it  save  from  the  begin- 
nings of  vice,  which  is  most  attractive  only  when  it  becomes  reputable.     No 
law  can  annihilate  sin,  but  only  diminish  it  by  making  it  disgraceful.     Law 
has  not  suppressed  licentiousness  or  gambling ;  it  has  not  even  suppressed 
theft   and   murder;  it   has   only  diminished  them  by  making  them  more 
difficult  and  disgraceful ;  yet  what  legislator  would  repeal  such  laws  as 
these  ?     The  friends  of  the  Temperance  Law  only  claim  that  it  is  doing  its 
work  as  rapidly  and  thoroughly  as  can  reasonably  be  demanded  of  any  law 
which  has  a  moral  purpose  in  view ;  and  it  is  only  more  important  than 
these  other  laws  because  it  lies  at  the  foundation  of  them  all.     Its  results 
are  not  more  numerous ;  they  are  only  a*  numerous,  and  far  more  val- 
uable. 

January  21,  1853.* 

STATEMENTS    OF    REV.    ISAAC    HOSFORD,    OF   LOWELL. 

13.  DRUNKENNESS  OBLITERATED  IN  COUNTRY  TOWNS. — Country  towns, 
by  far,  best  perfect  this  work,  and,  we  may  say,  most  profit  by  it.     Great 

*  Addres?  of  the  3FaKs.ar.hit sett*  State  Temperance  Society. 

10*  225 


CHAP,  n.]  RESULTS  OF  PROHIBITION  [SEC.  1. 

numbers  of  them,  especially  where  the  religious  principle  has  any  prom- 
inence, have  already  reduced  the  traffic  down  to  simple  medicinal  retail  by 
town  agency,  and  in  consequence  have  nearly  obliterated  all  features  of 
drunkenness  and  drinking  from  their  precincts. 
December  23, 1854. 

STATEMENT    OF    REV.    J.  T.  WOODBURY,    OF    MILFORD. 

14.  THE  RETAIL  TRADE. — Excepting  the  cities  of  Worcester  and  Boston, 
the  retail  trade  is  pretty  effectually  broken  up.  There  is  no  such  trade 
carried  on  openly. 

December  30, 1854. 

15.  LUCRETIA  MOTT  was  born  in  1793,  in  Nantucket  island, 
Massachusetts,  and  was  married  to  JAMES  MOTT  at  the  age  of 
eighteen.  She  is  the  most  eminent  of  the  ministering  Friends 
in  this  country,  and  is  remarkable  for  her  shrewd  and  able  ad- 
vocacy of  temperance  and  the  rights  of  woman.  Three  years 
ago,  in  a  letter  to  a  friend,  she  said :  "  I  hailed  the  temperance 
reform  in  its  beginning  in  Massachusetts ;  watched  its  progress 
with  much  interest ;  was  delighted  with  the  fidelity  of  its  advo- 
cates, and  for  more  than  twenty  years  I  have  practiced  total  ab- 
stinence from  all  intoxicating  drinks." 


An  evil  always  becomes  worse  by  being  sustained  by  the  laws  of  the  land.    It  is  much  to  have  the  sanc- 
tion of  law  and  the  moral  force  of  law  in  favor  of  any  course  of  human  conduct. — UKV.  ALBERT  BURNS. 

BARNSTABLE    COUNTY. 

Effect  of  public  opinion  on  the  liquor  traffic  through  municipal  authority— Population. 

HAKWICII. — Population — From  Mr.  SIDNEY  UNDEKWOOD  : — The  Maine  Liquor  Law  too 
late — Commencement  of  the  reform  in  Harwich — Licenses  refused — The  license  laws  en- 
forced— Never  retrograded — Improvement  among  fishermen — The  importation  of  liquor 
stopped— Crime  and  pauperism— Support  of  the  Gospel. 

1.  ONE  of  the  most  gratifying  instances  of  the  force  of  public 
opinion  in  prohibiting  the  liquor  traffic  by  municipal  authority, 
without  waiting  for  State  legislation,  is  furnished  in  this  county. 
226 


LUCRET1A  MOTT. 


CHAP.  H.1  IN  MASSACHUSETTS.  [SEC.  2-10. 

The  concise  history  of  the  temperance  movement,  furnished  in 
the  following  sketch  of  Harwich,  shows  how  much  may  be  done 
by  a  community  determined  to  rid  themselves  of  the  great 
nuisance,  the  liquor  traffic.  We  gladly  give  insertion  to  the 
whole  communication,  as  it  deserves  the  attention  of  temper- 
ance men  in  every  city  where  prohibition  has  not  yet  been  en- 
forced. 

2.  Population  35,276. 

HARWICH. 

3.  Population  3,258. 

From  Mr.  SIDNEY  UNDEEWOOD,  Deacon  of  Congregational  Church. 

4.  THE  MAINE  LIQUOR  LAW  TOO  LATE. — The  Maine  Liquor  Law  came 
quite  too  late  for  us.     Temperance  results  of  prohibiting  the  traffic  have  an 
earlier  origin  here.    We  do  not  complain  of  the  law  at  this  late  day,  for  if 
there  is  any  fault  in  it,  it  is  still  not  stringent  enough.     We  could  have  sus- 
tained such  a  law  twenty  or  twenty-five  years  ago. 

5.  COMMENCEMENT  OF  THE  REFORM  IN  HARWICH. — Early  in  1827  we 
formed  a  temperance  society,  pledged  not  to  use  distilled  liquors.     It  was  in 
effect  a  teetotal  society,  as  spirits  were  the  only  intoxicating  liquors  in  use. 
Our  minister  drew  up  our  pledge.     Ministers  of  the  Gospel  here  have  always 
been  first  and  foremost  in  this  good  work.    I  had  the  pleasure  of  being  first 
to  sign  that  pledge. 

6.  LICENSES  REFUSED. — About  the  year  1829  our  town  voted  instructions 
to  our  selectmen  not  to  approbate  any  one  for  a  license ;  and  none  from  that 
day  to  this  has  been  granted.    Our  traders  gave  up  dealing  in  liquors. 
Men,  however,  of  less  principle,  felt  that  their  fireside  rights  "  were  invaded, 
and  commenced  the  trade  i  in  self-defense.' " 

7.  THE  LICENSE  LAWS  ENFORCED. — The  town  raised  a  committee  to 
prosecute  all  violations  of  the  license  laws  in  1829-30-31-32.    -I  was  chair- 
man of  that  committee.     It  was  a  slow  operation  at  first,  as  we  could  only 
reach  violations  by  indictments ;  but  in  1831  we  had  an  act  which  enabled  us 
to  prosecute  before  a  justice  of  the  peace. 

„  8.  NEVER  RETROGRADED. — The  town  took  its  stand  then,  and  I  am  happy 
to  say  it  has  never  retrograded. 

9.  TRADE  AND  COMMERCE. — I  suppose  at  that  period  Harwich  had  as 
little  enterprise  as  any  place  within  my  knowledge.    Our  business  was 
-mostly  cod-fishing  for  four  or  five  months  a  year,  yielding  from  $50  to  $100 
per  share.     Now  the  business  of  the  place  has  improved  some  five  hundred 
per  cent. 

10.  IMPROVEMENT  AMONG  FISHERMEN. — A  large  portion  of  the  class  of 
persons  engaged  in  the  fishing  business  had  no  other  permanent  employment. 
Their  supply  of  rum  was  from  three  to  six  barrels  for  a  crew  of  eight  to 

227 


CHAP,  m.]  RESULTS  OF  PROHIBITION  [SEC.  1-4. 

twelve  or  fourteen  hands,  and  almost  every  body  drank  as  freely  when  at 
home.  I  hardly  need  say  that  we  believe  now  there  is  not  a  vessel  from  our 
ports  provided  with  stores  of  liquor  more  than  for  medical  purposes. 

11.  THE  IMPORTATION  OF  LIQUOR  STOPPED. — Our  packets  will  not  bring 
the  liquor  here  now,  and  if  neighboring  towns  would  come  into  this  arrange- 
ment we  could  dry  up  this  fountain  of  misery  at  once. 

12.  CRIME  AND  PAUPERISM. — Probably  three  fourths  of  the  crime  and 
pauperism  which  was  once  common  here  originated  with  the  rum-drinking. 

13.  SUPPORT  OF  •T'HE  GOSPEL,  ETC. — I  suppose  at  this  time  we  have  ad- 
vanced five  hundred  per  cent,  in  the  support  of  the  Gospel,  schools,  and 
public  improvements,  since  our  prohibition  commenced. 

Janucay  15, 1855. 


One  indication  of  good  Is  found  in  the  fact,  that  the  friends  of  temperance  In  Massachusetts  are  increas- 
ingly active  in  the  enforcement  of  their  present  law,  and  are  making  it  do  good  service  for  the  right,  de- 
fective as  it  is.— Prohibitionist. 

BERKSHIRE    COUNTY. 

Enforcement  of  the  law  in  Berkshire  County— Population. 

LANESBOROUGH. — Population — From  Kev.  CIIATJNCEY  EDDY  : — Period  of  enforcement — Pub- 
lic opinion — Convictions  for  violating  the  Maine  Liquor  Law — Open  selling — The  Sab- 
bath— Public  opinion. 

LEH. — Population — From  Eev.  AMORY  GALE: — Period  of  enforcement — Crime — Reclaimed 
from  intemperance — The  Sabbath — Clandestine  rum-selling — Convictions  under  the  law 
—The  new  law  better  than  the  old. 

NORTH  ADAMS.— From  H.  L.  DAWES,  Esq.:— The  Maine  Liquor  Law  a  part  of  the 
Criminal  Code. 

1.  THE  Prohibitory  Liquor  Law  appears  latterly  to  have  been 
tolerably  well  enforced  in  Berkshire  County,  as  will  be  seen  by 
the  following  returns.     The  results  promise  well,  as  indicating 
what  may  be  expected  of  this  county  when  the  new  law  comes 
into  operation. 

2.  Population  49,591. 

LANESBOROUGH. 

3.  Population  1,229. 

From  Eev.  CHAUNCEY  EDDY,  CongregationalisL 

4.  PERIOD  OF  ENFORCEMENT. — About  twelve  months. 
228 


CHAP,  m.]  IN  MASSACHUSETTS.  [SEC.  5-17. 

6.  THE  PEOPLE'S  VOICE.— The  representation  of  this  town  in  the  State 
Legislature  opposed  the  passage  of  the  Maine  Liquor  Law,  and  it  was  sup- 
posed, as  all  appearances  indicated,  that  most  of  the  people  were  opposed  to 
the  enactment  of  any  laws  of  the  kind,  and  would  oppose  their  execution  if 
they  were  enacted.     Such,  however,  was  not  the  case,  as  will  be  seen  by 
what  follows. 

0.  CONVICTIONS  FOR  VIOLATING  THE  MAINE  LIQUOR  LAW. — A  little 
more  than  a  year  ago,  an  effort  was  commenced  to  execute  such  law  as  we 
had,  by  convicting  retailers  of  violating  the  laws,  on  the  testimony  of  the 
purchasers.  In  every  case  tried  (some  six  or  seven)  the  actions  were  sus- 
tained ;  fines  from  $10  to  $70  were  imposed  and  collected.  The  convicted 
entered  into  bonds  of  $1,000  each  not  to  transgress  again. 

7.  OPEN   LIQUOR-SELLING  STOPPED. — Fifteen  months  ago  there  were 
twelve  groceries,  or  places  where  intoxicating  beverages  were  sold,  and  they 
were  well  patronized.     When  the  above  convictions  had  taken  place,  all 
open  sale  of  liquors  was  ended,  though  a  surreptitious  sale  has  probably 
continued. 

8.  THE  SABBATH. — There  is  not  half  as  much  open  violation  of  the  Sab- 
bath as  before  the  execution  of  the  law. 

9.  PUBLIC  OPINION. — The  most  of  our  respectable  citizens,  I  am  sure — 
the  whole  of  them,  I  presume — are  now  decidedly  in  favor  of  the  law,  espe- 
cially with  the  clause  authorizing  the  holding  of  the  drinker  in  durance 
until  he  gives  his  testimony  against  the  man  from  whom  he  obtained  his 
liquor. 

January  11, 1855. 

LEE. 

10.  Population  3,220. 

From  Eev.  AMOKY  GALE,  Baptist. 

11.  PERIOD  OF  ENFORCEMENT. — Nearly  three  years. 

12.  CRIME. — During  that  period  crime  has  diminished  one  half. 

13.  RECLAIMED  FROM  INTEMPERANCE. — There  are  several  cases  of  rec- 
lamation from  intemperance  as  a  result  of  the  Maine  Liquor  Law. 

14.  THE  SABBATH. — I  think  the  observance  of  the  Sabbath  has  increased. 

15.  CLANDESTINE  RUMSELLING. — We  live  on  the  borders  of  New  York, 
and  the  liquor  is  brought  over  the  line  clandestinely  and  disposed  of  illegally 
among  us.     We  have  rum-holes,  but  they  are  kept  mostly  by  the  Irish,  and 
it  is  impossible  to  get  an  Irishman  to  swear  against  an  Irishman. 

16.  CONVICTIONS  UNDER  THE  LAW. — We  occasionally  find  a  Yankee  who 
will  tell  the  truth  upon  the  stand.     Every  week  or  two  a  rumseller  is  ar- 
rested and  has  to  pay  his  fine.     A  large  number  are  under  bonds,  and  quite 
a  number  expect  to  appear  before  the  County  Court  next  week. 

17.  THE  NEW  LAW  BETTER  THAN  THE  OLD. — The  decision  of  the  Su- 

229 


CHAP.  IV.]  RESULTS  OF  PEOHIBITION  [SEC.  1. 


preme  Court  has  greatly  crippled  the  execution  of  the  law,  and  yet  the  pres- 
ent law  is  far  superior  to  the  old  one. 
Januarys,  1855. 

NORTH    ADAMS. 

18.  Population  3,000. 

From  H.  L.  DAWES,  Esq.,  District  Attorney. 

19.  THE  MAINE  LIQUOR  LAW  A  PART  OF  THE  CRIMINAL  CODE. — I  gave 
the  law  a  reluctant  vote  because  I  was  convinced  the  people  would  not  be 
satisfied  until  they  had  tried  the  Maine  Law.  The  law  passed,  and  I  re- 
solved to  give  it  a  fair  trial.  I  now  give  my  full  testimony  in  its  favor.  It 
has  worked  well  where  it  has  been  fairly  tried.  It  has  shown  the  integrity 
of  the  jury  box.  I  have  yet  to  find  a  jury  who  have  hesitated  to  convict 
under  clear  evidence.  Prohibition  has  now  become  a  settled  principle,  and 
the  law  a  part  of  our  criminal  code.  Public  sentiment  places  rumselling 
with  other  crimes,  and  its  criminals  with  other  criminals.  There  is  no  way 
but  to  go  forward  steadily  and  firmly.  Spasmodic  efforts  will  not  do  it. 
Sleepless  vigilance  alone  will  suffice.  Legal  and  moral  agencies  should  be 
combined.  They  are  like  the  soul  and  body,  and  in  the  present  state  of 
existence  can  not  well  act  separately. 

February  19, 1855.* 


Much  is  done  to  countenance  evil  when  the  law  seeks  to  regulate  it ;  to  check  it,  but  not  to  remove  it ;  to 
tax  it ;  to  derive  a  revenue  from  it ;  and  to  make  supplemental  provisions  for  the  mischiefs  which  grow  up 
under  its  own  enactments. — EEV.  ALBEET  BURNS. 

BRISTOL   COUNTY. 

Disrepute  of  the  traffic  in  Bristol  County — Population. 

FALL  KIVEK.— Population— From  BENJAMIN  F.  WINSLOW,  Esq. :— Period  of  enforcement- 
Crime — The  Sabbath — Public  opinion — Liquor-selling  fallen  into  disrepute. 

1.  THE  evident  disrepute  into  which  the  liquor  traffic  has 
fallen  in  this  county  is  a  pleasing  feature  of  the  results  of  a  pro- 
hibitory law.  Although,  in  case  of  bad  laws,  opposition  to  their 
arbitrary  enforcement  is  sometimes  the  truest  heroism  and  even 
patriotism,  opposition  to  a  good  law,  such  as  this  is  universally 
believed  to  be  by  those  who  have  seen  its  advantages,  will  ever 

*  From  77«3  Maine  Lav:  Illustrated. 

230 


CHAP.  IV.]  IN  MASSACHUSETTS.  [Sec.  2-8. 

be  accompanied  with  the  disrespect  of  those  whose  respect  is 
worth  having ;  and  no  one  can  persevere  in  such  opposition  or 
violation  without  losing  all  claim  to  creditable  position  in  society. 

2.  Population  76,192. 

FALL    RIVER. 

3.  Population  11,524. 

From  BENJAMIN  F.  WINSLOW,  Esq.,  Justice  of  the  Peace  for  the  County  of  Bristol,  mer- 
chant, Baptist 

4.  PERIOD  OF  ENFORCEMENT. — A  little  more  than  a  year,  and  not  until 
the  most  efficient  portion  of  the  law  was  pronounced  unconstitutional  by  the 
Supreme  Court  of  this  State. 

5.  CRIME.— The  tendency  of  the  enforcement  of  the  law  is  plainly  to  di- 
minish crime. 

6.  THE  SABBATH. — While  the  law  was  being  enforced,  the  increased  ob- 
servance of  the  Sabbath  was  obvious  to  all  who  took  an  interest  in  good 
order. 

7..  PUBLIC  OPINION.— The  general  feeling  of  respectable  citizens  is, 
almost  without  exception,  in  favor  of  the  law.  The  exceptions  are  those 
persons  who  have  not  had  time  to  examine  and  understand  the  merits  of  the 
law. 

8.  LIQUOR-SELLING  FALLEN  INTO  DISREPUTE. — When  the  law  was 
being  agitated  in  our  Legislature,  before  it  was  passed,  a  venerable  Senator, 
respected  by  all,  a  man  of  uncommon  sagacity,  having  occupied  many  im- 
portant posts  in  this  State,  made  a  great  effort  against  the  enactment  of  the 
law;  among  other  reasons  why  such  a  law  should  not  be  enacted,  he  said 
the  tendency  of  it  would  be  to  place  the  entire  business  of  liquor-selling  in 
the  hands  of  the  most  infamous,  the  most  degraded  of  God's  creatures — men 
of  no  character,  but  thieves,  robbers,  and  murderers,  so  that  when  a  re- 
spectable man  wanted  to  obtain  liquor  he  must  descend  into  the  vilest  dens 
of  wickedness  or  go  without  it.  This  prophecy  has  proved  true,  and  the 
friends  of  good  order  rejoice  that  it  is  so.  In  our  city  and  neighborhood 
there  is  not  a  man  engaged  in  the  unlawful  traffic,  who  claims  for  himself 
any  sort  of  respect,  but  considers  himself  one  of  the  characters  spoken  of  by 
the  honorable  Senator. 

March  2, 1855. 

231 


CHAP.  V.]  RESULTS  OF  PROfflBHIOX  [Sec.  1-6. 


DUKE'S    COUNTY 


1.  DUKE'S  COU-VTT,  on  the  island  of  Martha's  Vineyard,  is  one 
of  the  favored  spots  of  the  earth,  or,  rather,  of  the  ocean.  Sit- 
uated at  a  djtitiarr  from  the  *«f*«M«*t  it  has  made  a  declaration 
of  freedom  from  intoxicating  liquors  for  more  than  eighteen 
years.  The  results  of  prohibition,  continued  for  this  long  pe- 
riod, are  such  as  every  temperance  advocate  would  naturally 
expect.  .  The  eammuus  reduction  of  crime,  and  the  peace  fulness 
of  the  neighborhood  am  the  island  since  prohibition  has  been 
of  the  happy  consequences  of  this  great 

4^40. 

ISLAND  OF  MARTHA'S  TTXEYARD. 
4,540. 


CHAP.  VI.]  IN  MASSACHUSETTS.  [SEC.    1-3. 

TISBURY. 

7.  Population  1,803. 

From  Rev.  SAMUEL  COLE,  Congregationalist. 

8.  PERIOD  OF  ENFORCEMENT. — Since  1853. 

9.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  deci- 
dedly in  favor  of  the  Maine  Liquor  Law. 

10.  AN  ISLAND  FREE  FROM  INTEMPERANCE. — The  truth  is,  this  island, 
Martha's  Vineyard,  is  almost  an  exception.     For  some  years  past  the  evils 
of  intemperance  have  been  but  little  known  among  us.     There  have  been 
probably  not  more  than  eight  or  ten  persons,  out  of  a  population  of  from 
4,000  to  5,000,  to  whom  the  word  drunkard  would  apply.     Most  from 
choice,  and  some  from  the  restraint  of  public  opinion,  do  not  use  intox- 
icating drinks,  and,  as  a  beverage,  they  are  not  to  be  had  on  the  island. 

January  21, 1855. 


We  do  not  ask  for  any  new  principle  of  civil  law.  We  do  not  ask  to  introduce  into  the  community  a 
new  and  untried  process  that  may  possibly  be  dangerous  in  its  workings.  We  only  ask  that  a  principle 
and  process  as  familiar  to  us  as  law  itself,  and  which  has  been  in  operation  ever  since  England  has  had  a 
system  of  jurisprudence,  or  the  American  colonies  a  system  of  law,  should  be  applied  to  another  crime,  viz., 
the  practice  of  making  criminals  !— KKV.  HENKY  WARD  BEECHEK. 

ESSEX    COUNTY. 

Inefficient  enforcement  of  the  Maine  Liquor  Law  in  Essex  County— Population. 
ANDOVER. — Population — From  GEORGE  FOSTER,  Esq.,  J.  P. : — Period  of  operation — Public 

opinion — Amendment  of  the  law — An  efficient  law. 
NEWBURYPORT. — Population — From  Eev.  D.  F.  FISKE  : — Neglect  of  the  authorities. 

1.  ESSEX  COUNTY  has  not  been  blessed  with  a  very  rigid  en- 
forcement  of    the    Prohibitory   Law,   although   its    respectable 
citizens  are  evidently  in  favor  of  it.     The  following  returns  will 
give  a  fair  idea  of  the  condition  of  this  county  in  relation  to  the 
law.      The  authorities   are   evidently  neglectful  of  their  duty, 
and  probably  the  law  will  not  be  enforced  until  better  men  are 
elected  to  fill  their  places. 

2.  Population  131,300. 

ANDOVER. 

3.  Population  6,945. 

233 


CHAP.  VH.]  RESULTS  OF  PROHIBITION  [SEC.  4-11. 

From  GEOKGE  FOSTEK,  Esq.,  Justice  of  the  Peace,  and  editor  of  the  Andover  Advertiser. 

4.  PERIOD  OF  OPERATION. — About  two  years. 

5.  CRIME. — I  think  crime  has  decreased. 

6.  PUBLIC  OPINION. — Respectable  citizens  are  almost  unanimously  in 
favor  of  restriction.     They  regard  the  principle  as  good,  but  believe  the 
present  law  is  not  just  the  thing. 

7.  AMENDMENT  or  THE  LAW. — The  incoming  Legislature  will,  without 
doubt,  obviate  the  difficulty  caused  by  one  section  of  the  law  being  pro- 
nounced by  one  of  our  judges  unconstitutional. 

8.  AN  EFFICIENT  LAW. — A  law  of  this  kind,  properly  matured  and 
stringent  in  its  character,  will  do  good  anywhere.     Much  deliberation  and 
care  should  be  bestowed  upon  the  framing  of  a  bill  of  this  kind,  that  loop- 
holes may  not  be  found  through  which  lawyers  may  pull  their  clients. 

December  23, 1854 

NEWBURYPORT. 

9.  Population  in  1850,  9,572.     In  1853,  11,000. 

From  Kev.  D.  T.  FISKE,  Congregationalist. 

10.  NEGLECT  OF  THE  AUTHORITIES. — The  Maine  Liquor  Law  has  not,  I 
regret  to  say,  been  enforced  here  at  all.     Our  city  authorities  have  not  even 
appointed  an  agent  to  sell  according  to  law. 

February  28,  1855.. 

11.  No  law,  however  efficient  in  its  provisions,  can  be  of  any 
service,  unless  proper  authorities  use  the,  proper  means  to  enforce 
it. 

Pebntary  8, 1855. 


It  is  one  of  the  peculiarities  of  this  law— whatever  theories,  drawing  a  different  conclusion,  we  might 
In  advance  apply  to  it— that  where  it  has  been  most  efficiently  executed,  there  the  greatest  results  in  the 
Buppression  of  crime  and  pauperism  have  been  most  satisfactorily  achieved,  and  it  has  seized  with  such 
strong  hold  on  the  hearts  of  the  people,  that  its  popularity  has  in  those  places  become  invincible.— DB. 
JAMKS  STONE,  of  Boston. 

FRANKLIN  COUNTY. 

Temperance  and  prohibition  long  enjoyed  in  some  parts  of  Franklin  County— Population. 
STATEMENT  OF  MB.  D.  W.  ALVOED,  OF  GIIEBNFIELD  :— A  blessing  to  the  community. 
BERNARDBTON.— Population— From  Eev.  WM.  W.  HEBBARD  :— Observance  of  the  Maine 
Liquor  Law— Public  morals— Reclaimed  from  intemperance— Public  opinion. 

234 


CHAP.  VH.]  IN  MASSACHUSETTS.  [SEC.  1-9. 

COLERAINE. — Population — From  Bev.  WM.  STOW  : — Period  of  enforcement — Public  order- 
Consumption  of  liquor— Former  reputation  of  the  town— Aristocratic  opposition. 

DEKIIFIELD. — Population — From  Kev.  DAVID  STBONG  : — Crime — Public  opinion — The  Maine 
Liquor  Law  enforced — Barn  burned — Lawsuits. 

Gur.icxKiELD.— Population— From  Mr.  D.  W.  ALVOBD  :— Period  of  enforcement— Grog- 
shops closed. 

SHCLBSBUKY.— Population— From  Eev.  W.  A.  PEASE— Public  opinion— No  necessity  to  en- 
force the  law. 

1.  FRANKLIN  COUNTY  has  in  some  parts  long  enjoyed  many 
of  the  blessings  of  temperance  and  prohibition,  and  the  enforce- 
ment of  the  Maine  Liquor  Law,  though  imperfectly,  has  added 
new  trophies  to  the  temperance  ranks.     In  some  instances  the 
fear  of  the  law  is  enough  to  frighten  the  retailer  to  discontinue 
the  traffic  without  resorting  to  process. 

2.  Population  30,870. 

STATEMENT    OF    MR.    D.    W.    ALVORD,    OF    GREENFIELD. 

3.  A  BLESSING  TO  THE  COMMUNITY. — Within  two  years  past  there  were 
open  grog-shops  in  very  many  of  the  towns  in  the  county  of  Franklin.  At 
this  moment  I  do  not  think  there  are  ten  in  the  whole  county.  The  decrease 
is  owing  entirely  to  the  enforcement  of  the  law.  It  has  been  a  blessing  be- 
yond any  thing  we  have  ever  had,  and  I  am  satisfied  that  wherever  it  is  en- 
forced it  will  prove  a  blessing  to  the  community.  Its  effects  in  lessening 
rowdyism  are  very  marked.  Before  the  law  passed,  our  streets  were  noisy 
and  riotous,  and  it  was  unsafe  for  any  female  to  venture  out  in  the  evening 
unprotected ;  but  now  it  is  not  so. 

February  23, 1855.* 

BERNARDSTON. 

4.  Population  937. 

From  Kev.  WILLIAM  W.  HEBBABD,  Unitarian. 

5.  OBSERVANCE  OF  THE  MAINE  LIQUOR  LAW. — To  my  knowledge  the 
Maine  Liquor  Law  has  not  been  broken  in  this  town. 

6.  PUBLIC  MORALS. — There  was  no  open  crime  in  the  town  before  the 
enactment  of  the  Maine  Liquor  Law. 

7.  RECLAIMED  FROM  INTEMPERANCE. — I  believe  there  is  a  large  num- 
ber of  cases  of  reclamation  from  intemperance  in  neighboring  towns. 

8.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  deci- 
dedly in  favor  of  the  Maine  Liquor  Law. 

December  23,  1854. 

COLERAINE. 

9.  Population  1,785. 

*  In  The  Maine  Law  Illustrated. 

235 

\ 


CHAP.  VH.]  RESULTS  OF  PROHIBITION  [.SEC.  10-22. 

From  Eev.  WM.  STOW,  Baptist. 

10.  PERIOD  OF  ENFORCEMENT — About  a  year. 

11.  PUBLIC  ORDER. — Our  town  meetings  are  now  more  quiet  and  orderly 
than  they  were. 

12.  CONSUMPTION  OF  LIQUOR. — Although  the  law  has  not  been  rigidly 
enforced,  there  is  less  liquor  drank  than  formerly. 

13.  FORMER  REPUTATION  OF  THE  TOWN. — Forty  or  fifty  years  ago  this 
town  was  more  noted  for  intemperance  than  for  any  other  quality. 

14.  ARISTOCRATIC  OPPOSITION. — Could  we  have  the  influence  in  office  of 
six  or  eight  such  men  as  I  could  select  from  my  congregation,  we  could  stop 
the  sale  of  liquor  here  in  three  weeks,  although  our  aristocracy  oppose  the 
temperance  movement  at  every  point,  evading  the  law,  refusing  to  testify 
when  called  upon,  and,  worse  than  all,  equivocating  to  the  very  verge  of 
perjury. 

December  16, 1854. 

DEERFIELD. 

15.  Population  2,421. 

From  Rev.  DAVID  STRONG,  Orthodox  Congregationalist. 

16.  CRIME. — This  has  been  a  moral,  temperance  community  for  years, 
and  consequently  the  enactment  of  the  prohibition  law  about  two  years  and 
a  half  ago  can  not  have  made  so  much  difference  in  regard  to  crime  as  in 
other  places,  yet  I  feel  confident  that  there  is  less  drinking,  and  I  know  of 
only  a  small  number  of  persons  who  drink  at  all. 

17.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is,  that 
it  is  a  good  and  wise  law  and  ought  to  be  sustained,  and  that  the  result  of 
sustaining  it  has  been  and  will  be  beneficial. 

18.  THE  MAINE  LIQUOR  LAW  ENFORCED. — The  law  has  been  enforced 
in  a  number  of  instances  in  this  village,  causing  a  diminished  sale  of  liquors 
and  making  the  traffic  altogether  clandestine. 

19.  BARN  BURNED. — One  barn  has  been  burned,  supposed  to  have  been 
in  retaliation  for  the  enforcement  of  the  law.     There  was  not  sufficient 
evidence  to  convict  the  suspected  parties. 

20.  LAW  SUITS. — In  one  case  a  considerable  quantity  of  liquor  was  seized 
and  destroyed  according  to  law,  and  the  owner  fined  for  selling ;  the  prose- 
cuting parties  were  subjected  to  a  vexations  lawsuit  for  trespass  in  cross- 
ing another  man's  field  in  search  of  contraband  liquors  which  had  been 
concealed.    One  case  is  at  this  time  pending  in  court  on  a  bill  of  exceptions. 
The  Franklin  County  Carson  League  is  the  prosecuting  party. 

January  17, 1855. 

GREENFIELD. 

21.  Population  2,580. 

From  Mr.  D.  "W.  ALVORD. 

22.  PERIOD  OF  ENFORCEMENT. — About  one  year. 
236 


CHAP.  VIE.]  IN  MASSACHUSETTS.  [SEC.  1-3. 

23.  GROG-SHOPS  CLOSED. — There  were  between  twenty  and  thirty  grog- 
shops in  Greenfield.    I  don't  think  there  is  one  now  in  the  village.     The  en- 
forcement of  the  law  broke  them  up  entirely. 

February  22,  1855.* 

SHULESBURY. 

24.  Population  912. 

From  Kev.  W.  A.  PEASB,  Baptist. 

25.  PUBLIC  OPINION. — Every  respectable  citizen  in  this  town  is  m  favor 
of  the  Maine  Liquor  Law,  without  exception. 

26.  No  NECESSITY  TO  ENFORCE   THE   LAW. — There  has  been  no  ne- 
cessity to  enforce  the  Maine  Liquor  Law  here,  as  the  fear  that  it  would  be 
enforced  has  broken  up  four  grog-shops,  and  prevented  the  sale  of  about 
fifty-seven  barrels  of  alcoholic  liquor  during  the  present  year. 

February  13, 1855. 


We  ask  that  liquor-dealers  and  their  dwellings  be  treated  as  we  treat  counterfeiters  and  their  shops  or 
houses.  We  propose  to  treat  men  who  accrete  liquor  for  sale,  just  as  we  would  a  smuggler  who  stored  con- 
traband laces  and  silks  for  sale.  We  propose  to  treat  men  who  keep,  for  Illegal  and  criminal  traffic,  the 
implements  of  death  to  the  citizen,  just  as,  in  time  of  war,  we  would  treat  those  suspected  of  treasonable 
intercourse  with  an  enemy,  and  of  keeping  arms  and  provisions  in  their  dwellings,  for  the  aid  and  comfort 
of  an  enemy. — RKV.  HENRY  WARD  BKECHER. 

HAMPDEN    COUNTY. 

Good  effects  of  the  law  visible  in  the  streets— Population. 

CHESTER. — Population — From  Eev.  T.  WALKER  : — Period  of  enforcement — Public  opinion 

— Absence  of  loafers — The  defects  in  the  law. 
SPRINGFIELD. — Population — From  Hon.  Judge  BISHOP  : — The  criminal  business. — From 

Eev.  Mr.  SEELET  : — Eesults  on  workingmen's  families — Effects  on  young  men. — From 

Mr.  CHAPMAN  :— Eeduction  of  drinking. 

1.  ALTHOUGH  the  decision  of  the  court  hindered  the  full  exe- 
cution of  the  law  in  this  county,  it  is  evident,  from  the  following 
returns,  that  some  good  is  visible  even  in  the  appearance  of  the 
streets,  once  infested  with  idlers,  and  that  the  criminal  business 
has  been  greatly  affected. 

2.  Population  51,283. 

CHESTER. 

3.  Population  1,521. 

*  From  The  Maine  Law  Illustrated. 

237 


CHAP.  Vm.]  RESULTS  OF  PROHIBITION.  [SEC.  4-10. 

From  Eev.  T.  WALKER,  Congregationalism 

4.  PERIOD  OF  ENFORCEMENT. — Over  two  years. 

5.  PUBLIC  OPINION. — The  feeling  of  all  respectable  citizens  is  in  favor  of 
prohibition. 

6.  ABSENCE  OF  " LOAFERS." — The  "loafers"  and  idle  persons  once  stand- 
ing and  lounging  about  the  streets  and  at  public  places  have  become  indus- 
trious citizens  or  left  for  parts  unknown. 

7.  UhE  DEFECTS  IN  THE  LAW. — Owing  to  the  defects  in  the  law — the 
unconstitutionally  of  the  fourteenth  section — its  execution  is  not  so  complete 
nor  its  effects  so  universal  as  it  evidently  would  be.     We  are  waiting  with 
much  interest  the  action  of  our  Legislature  in  making  suitable  amendments 
to  the  law. 

December  23, 1854. 

SPRINGFIELD. 

8.  Population  in  1850,  11,766.     In  1853,  14,000. 

From  Hon.  Judge  BISHOP. 

9.  THE  CRIMINAL  BUSINESS. — The  criminal  business  has  very  much  in- 
creased under  the  new  law.     It  is  accounted  for  in  this  way :  the  violations 
of  the  law  itself  add  very  materially  to  the  criminal  business.     I  had,  in 
my  last  term  in  the  county  of  Middlesex,  no  fewer  than  104  indictments 
under  the  new  law ;  I  should  think  that  five  sixths  of  the  whole  were  con- 
victed     The  operation  of  this  new  law  has  diminished  the  other  class  of 
criminal  business  very  much.     It  is  accounted  for  in  this  way  :  the  majority 
of  other  criminal  business  proceeded  from  intemperance.     I  say,  without 
fear  of  contradiction,  that  nine  tenths  of  all  crimes  of  personal  violence — 
assaults  in  their  various  forms — are  committed  in  a  state  of  intoxication. 
Crimes  of  personal  violence  have  hitherto  constituted  at  least  two  thirds  of 
all  our  criminal  business,  and  if  the  source  of  the  evil  is  dried  up  by  this 
new  law,  it  is  easy  to  see  that  judges,  by-and-by,  will  have  very  little  crim- 
inal business  to  attend  to. 

February  6, 1855.* 

From  Eev.  Mr.  SEELEY. 

10.  RESULTS  ON  WORKINGMEN'S  FAMILIES. — I  have  witnessed  its  fa- 
vorable effects  upon  many  working  people  connected  with  my  own  congrega- 
tion.    I  could  mention  several  instances.     One  very  interesting  case  came 
to  my  knowledge  very  recently.    In  making  my  accustomed  rounds  I  called 
at  a  house  which  formerly  presented  rather  a  distressing  appearance.     I 
was  astonished  at  the  wonderful  reform  which  had  taken  place,  and  suspect- 
ing the  cause,  I  expressed  the  pleasure  I  felt  at  the  happy  change,  when  the 
good  woman  said,  with  an  overflowing  heart,  in  something  like  the  following 
words  :  "  All  this  is  the  effect  of  the  Maine  Law !    My  husband  was  not  a 

*  From  Tto  Maine  Law  Illustrate*. 
238 


C;:AP.  VIII.]  IN  MASSACHUSETTS.  [SEC.  11,  12. 

drunkard,  and  would  not  drink  for  the  mere  love  of  drinking ;  but  he  was 
very  sociable ;  and  when  he  went  of  a  Saturday  evening  with  his  companions 
into  the  tavern,  he  would  sometimes  spend  all  his  wages  and  come  home  in- 
toxicated !  But  he  now  comes  home  sober— the  temptation  is  removed  out 
of  his  way,  and  he  has  provided  for  us  all  very  comfortably  ever  since  the 
Maine  Law  was  put  in  operation.  We  have  got  a  new  carpet  to  our  room, 
and  he  purchased  this  little  singing  canary-bird  for  our  little  boy,  who  has 
begun  to  attend  the  Sunday  school."  Many  such  instances  could  be  given 
of  the  very  happy  effects  of  the  law,  and  I  think  it  will  thus  insure  its  own 
perpetuity  when  once  fairly  established. 

11.  EFFECTS  ON  YOUNG  MEN. — Its  effects  are  very  marked  upon  our 
young  men.     Since  the  fashionable  saloons  were  shut  up  they  have  formed 
a  Young  Men's  Literary  Association,  where  they  meet  regularly  to  read  es- 
says, and  for  general  mutual  improvement.     Our  Lyceum  lectures  were 
never  half  so  well  attended  as  they  have  been  this  winter.     In  addition  to 
our  usual  lectures  two  or  three  evenings  a  week,  we  have  recently  had  two 
courses,  of  six  lectures  each,  on  geology,  by  Dr.  BOYNTON,  and  they  were 
thronged  every  evening.     The  first  course  was  so  crowded,  that  he  was  pre- 
vailed upon  to  give  a  second,  that  those  who  had  not  heard  him  might  have 
an  opportunity  of  doing  so ;  and  our  hall,  capable  of  containing  one  thou- 
sand people,  was  crowded  all  the  evenings.     You  saw  there  precisely  the 
same  class  of  people  that  in  Montreal  you  will  see  at  the  theater.    Our  young 
men  now  feel  that  a  ticket  to  the  Lyceum  lectures  is  an  absolute  necessary 
of  life.     This  feeling  has  increased  so  much  that  we  have  no  building  large 
enough  to  contain  the  applicants.     I  believe  that  three  thousand  tickets 
could  have  been  sold  as  easily  as  one  thousand.    To  meet,  so  far,  the  de- 
mand, an  extra  course  is  intended  to  be  given  on  a  different  evening  for 
those  who  could  not  get  tickets  for  the  regular  course. 

February  7,  1855.* 

From  Mr.  CHAPMAN,  Counselor  at  Law. 

12.  REDUCTION  OF  DRINKING. — There  is  not  the  one-hunclreth  part  of  the 
drinking  in  Springfield  that  there  was  before  the  temperance  movement  com- 
menced.   You  will  however  find  persons  even  here  who  will  tell  you  that 
prohibitory  laws  will  increase  drinking.    But  those  who  say  so  are  invari- 
ably persons  who  desire  to  sell,  and  commonly  the  lowest  dealers  ;  or  per- 
sons who  are  hard  drinkers ;  or  politicians  who  court  the  rumseller's  vote 
and  influence,  and  pander  to  them  for  it.     The  religious  and  moral  part  of 
the  community,  without  exception,  you  will  find  of  a  contrary  opinion. 
Even  those  who  in  their  own  families  use  their  wine,  give  their  influence  in 
favor  of  the  Maine  Law. 

February  7,  1855.1 

*  From  The  Maine  Law  Illustrated.  t  Ibid. 


239 


CHAP.  IX.]  BEULTS  OF  PROHIBITION  [SEC.  1-7. 


The  principle  of  prohibition  is  born,  the  law  is  enacted,  and  you  might  as  weU  expect  to  get  last 
year's  chicken  back  again  Into  its  egg-shell,  as  to  expect  to  get  the  law  repealed. — REV.  HENBT  WABD 
BEKCHEB. 

HAMPSHIRE    COUNTY. 

The  law  well  enforced  in  Hampshire  County — Population. 

WABE. — Population — From  the  correspondent  of  the  State  Temperance  Society : — Popular- 
ity of  the  Maine  Liquor  Law— Working  of  the  Maine  Liquor  Law— Cases  of  intoxication 
— Peace  of  the  town. 

1.  HAMPSHIRE  COUNTY  is  more  favored  than  some  other  coun- 
ties of  this  State,  from  the  fact,  that  the  law  has  been  well  en- 
forced,  and   the    peace  and  tranquillity  of  the    county  thereby 
rendered  secure.     Nothing  is  more  remarkable  in  the  information 
received  from  the  various  counties  of  Massachusetts  than  the  fact, 
that  in  proportion  as  the  law  is  enforced  the  public  sentiment  in- 
creases in  its  favor ;  and  this  is  the  best  evidence  of  its  value 
and  efficiency,  and  the  general  good  to  society  resulting  there- 
from. 

2.  Population  35,792. 

WARE. 

3.  Population  3,785. 

From  the  Correspondent  of  the  State  Temperance  Society. 

4.  POPULARITY  OF  THE  MAIIVE  LIQUOR  LAW. — The  law  has  apparently 
been  popular  with  us,  and  no  desire  is  expressed  for  its  repeal. 

5.  WORKING  OF  THE  MAINE  LIQUOR  LAW. — We  see  great  good  in  the 
working  of  the  law,  inasmuch  as  no  open  sales  are  now  known. 

6.  CASES  OF  INTOXICATION. — Cases  of  intoxication  are  now  so  rare  that 
when  one  occurs  it  attracts  attention. 

7.  PEACE  OF  THE  TOWN. — We  have  now  much  less  noise  in  our  streets. 
January  8, 1858. 

240 


CHAP.  X.]  IN  MASSACHUSETTS.  [SEC.  1-9. 


When  we  come  to  lay  low  the  foe  who  was  our  greatest  enemy,  some  widows  will  say,  "  Would  God  it 
bad  been  in  his  day  1  He  was  true  of  heart  when  I  knew  htm  young,  and  but  for  the  facility  with  which 
IM  obtained  this  drink,  he  would  now  be  my  protector."  Many  au  orphan  will  say,  "  Would  God  It  had 
been  earlier,  then  I  should  have  a  father  !"  But  there  will  be  maidens,  and  mothers,  and  fathers  who  will 
swell  forth  such  a  peal  of  joy  as  never  broke  through  the  air,  and  will  roll  from  the  Lakes  to  the  Hudson, 
and  from  the  Hudson  to  the  sea. — BET.  HENRY  WARD  BEECHER. 

MIDDLESEX    COUNTY. 

Diminution  of  crime  very  great — The  Prohibitory  Law  popular — Population. 

ASHLAND.— Population— From  Kev.  WILLIAM  TIIAYER  :— Period  of  operation— Crime- 
Public  health— Trade— The  Sabbath— Public  opinion. 

CAMBRIDGE. — Population— A  liquor-dealer  in  difficulty — House  of  correction — From  Kev. 
ISAAC  J.  P.  COLLYER: — Period  of  enforcement — Crime — The  Sabbath — Public  opinion — 
A  reformed  character. 

LOWELL. — Population — From  the  Lowell  City  Marshal : — Drunkenness  diminished. — From 
the  Lowell  Minister  at  Large : — Lowell  jail — Lowell  police  report. — From  Kev.  ISAAC 
HOSFORD: — Period  of  operation — Crime — Health  and  well-being — Reclaimed  from  in- 
temperance—Trade— Public  opinion — How  to  make  the  law  more  efficient. 

NATICK. — Population — From  Kev.  ELIAS  NASON: — Period  of  operation — Crime — Public 
health — The  use  of  spirituous  liquors — Abandoning  the  cup — Trade — Attendance  at 
church — Public  opinion. — Absence  of  drunken  scenes — The  election — A  murder — More 
vigilant  execution  of  the  law. 

NORTH  BEADING. — Kum  arguments. 

1.  THE  county  of  Middlesex  has  not  effectually  enforced  the 
Prohibitory  Law,  but  in  those  places  where  it  is  enforced  in  this 
county,  its  effects  in  the  diminution  of  crime  and  disorder  are  very 
great.     The  opinion  of  the  most  reputable  portion  of  the  com- 
munity appears  to  be  uniformly  on  the  side  of  prohibition. 

2.  Population  161,383. 

ASHLAND. 

3.  Population  1,304. 

From  Kev.  WILLIAM  M.  THAYEB,  Orthodox  Congregationalist 

4.  PERIOD  OF  OPERATION. — About  two  years  and  a  half. 

5.  CRIME. — In  those  places  where  the  Maine  Liquor  Law  has  been  en- 
forced, the  diminution  of  crime  is  from  fifty  to  seventy  per  cent. 

6.  PUBLIC  HEALTH. — The  health  of  the  community  has  improved. 

7.  TRADE. — Legitimate  home  trade  has  increased. 

8.  THE  SABBATH. — Observance  of  the  Sabbath  has  also  increased. 

9.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  favor- 
able to  the  law. 

December  21,  1864. 

11  241 


CHAP.  X.]  RESULTS  OF  PROHIBITION  [SEC.  10-19. 


CAMBRIDGE. 

10.  Population  15,215. 

11.  A  LIQUOR-DEALER  IN  DIFFICULTY. — We  are  informed  that  Mr.  Z. 
PORTER,  one  of  the  largest  liquor-dealers  of  this  place,  was  convicted,  some 
time  since,  on  eighteen  cases,  for  violation  of  the  law.     He  appealed,  and 
the  Common  Pleas  Court  at  Lowell  has  decided  the  cases  against  him,  con- 
firming the  decision  of  the  court  below.    The  aggregate  penalties  incurred 
amount  to  $350,  and  costs,  and  four  years'  imprisonment. 

12.  HOUSE  OF  CORRECTION. — Committed  to  the  Cambridge  House  of  Cor- 
rection— 

From  July  21  to  October  21,  1851 192 

FromLowell 89 

For  drunkenness 108 

From  July  21  to  October  21,  1852 104 

From  Lowell 27 

For  drunkenness 88    

Difference  in  favor  of  the  law 88 

The  master  of  the  house  of  correction  says  that  he  "  knows  no  cause  for  the 
decrease  except  the  Liquor  Law,  as  when  tippling  decreases  so  will  crime."* 

From  Rev.  ISAAC  J.  P.  COLLYBB,  Methodist,  Cambridgeport. 

13.  PERIOD  OF  ENFORCEMENT. — Since  about  January,  1854. 

14.  CRIME. — Since  that  period,  I  am  told,  crime  has  diminished  nearly 
one  half. 

15.  THE  SABBATH. — I  think  Sabbath  observance  has  increased. 

16.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  de- 
cidedly'in  favor  of  the  Maine  Liquor  Law. 

17.  A  REFORMED  CHARACTER. — A  person  who  was  habitually  intoxicated 
was  restrained  from  his  habits  only  because  he  could  not  obtain  spirits,  and 
he  soon  became  a  member  of  the  Sabbath  congregation  and  a  Christian. 

December  23, 1854.* 

LOWELL. 

18.  Population  33,383. 

From  the  Lowell  City  Marshal. 

19.  DRUNKENNESS  DIMINISHED. — The  amount  of  drunkenness  for  the 
year  ending  October  22d  is  sixty-seven  per  cent,  less  than  during  the  same 
time  last  year,  and  the  criminal  business  of  our  police  court  has  been  re- 
duced twenty-five  per  cent. ,  including  liquor  cases,  and  excluding  these, 
thirty-eight  per  cent.f 

*  From  Report  of  the  Lowed  Minister  at  Large. 

t  From  Report  of  the  Massachusetts  State  Temperance  Society. 

242 


CHAP.  X.]  IN  MASSACHUSETTS.  [SEC.  20-28. 

From  the  Lowell  Minister  at  Large. 

20.  LOWELL  JAIL. — Committed  to  Lowell  Jail : 

From  July  21st  to  October  21st,  1851 78 

Belonging  to  Lowell 72 

Drunkards 71 

Minors 15 

From  July  21st  to  October  21st,  1852 57 

Belonging  to  Lowell 46 

Drunkards 47 

Minors 8  — 

Difference  in  favor  of  the  Law 21 

21.  LOWELL  POLICE  REPORT. — For  three  months  ending  Oct.  22,  1851 : 

Committed  to  the  watch-house  for  drunkenness 160 

Reported  seen  drunk,  but  not  arrested 390 

550  550 
Same  period  of  1852  : 

Committed  to  the  watch-house 70 

Reported  seen  drunk,  but  not  arrested 110 

180  180 

Difference  in  favor  of  the  law 370 

From  Eev.  ISAAC  HOSFOED,  City  Missionary. 

22.  PERIOD  OF  OPERATION. — Some  two  years. 

23.  CRIME. — The  per  centage  of  the  diminution  of  crime  must  be  great. 

24.  HEALTH  AND  WELL-BEING. — The  general  health  and  well-being  of 
the  community  have  confessedly  improved. 

25.  RECLAIMED   FROM  INTEMPERANCE. — Great  numbers  of  cases  of 
reclamation  from  intemperance  have  taken  place  from  various  causes.     The 
Maine  Liquor  Law  is,  however,  decidedly  the  most  prominent  cause,  taking 
temptation  out  of  the  way,  helping  weak  resolutions,  etc. 

26.  TRADE. — There  must  be  an  increase  in  the  legitimate  home  trade 
where  large  masses  of  the  community  are  turned  from  besotted  idleness  to 
productive  industry ;  from  guzzling  all  their  earnings  to  a  judicious  outlay 
in  the  comforts  and  necessaries  of  life. 

27.  PUBLIC  OPINION.— With  nearly  every  disinterested  intelligent  philan- 
thropic and  responsible  citizen  there  is  but  one  voice :  "  We  must  have  a 
prohibitory  law,"  and  the  one  we  have  is  decidedly  the  best  approximation 
to  what  is  required. 

28.  How  TO  MAKE  THE  LAW  MORE  EFFICIENT. — Our  only  question  is, 
how  to  make  the  law  more  efficient,  in  order  to  compass  the  evasions,  and 

243 


CHAP.  X.]  RESULTS  OF  PROHIBITION  [SEC.  29-41. 

execute  directly.  In  this  respect  we  feel  the  need  of  the  Vermont  append- 
age— the  constraining  power  on  the  drunkard's  testimony.  This,  with  the 
confiscatory  power  of  the  Maine  Liquor  Law,  are  now  seen  to  be  the  essen- 
tial elements  of  all  efficiency,  without  which  we  can  do  nothing,  but  with 
which  we  are  perfectly  sure  that  all  the  leading  features  of  mischief  would 
at  once  be  broken  up.  This  is  demonstrated  by  the  voluntary  shutting 
up  of  countless  grog-shops  throughout  the  State,  and  continuance  of  the 
traffic  only  out  of  Boston  under  the  most  occult  and  stealthy  circumstances, 
the  risk  far  outmeasuring  the  ordinary  profits. 
December  23, 1854. 

NATICK. 

29.  Population  2,744. 

From  Rev.  ELIAS  NASON,  Congregationalist 

30.  PERIOD  OF  OPERATION. — Since  the  summer  of  1852. 

31.  CRIME. — There  has  been  a  diminution  of  crime,  perhaps  fifty  per 
cent.    I  am  unable  to  say  precisely. 

32.  PUBLIC  HEALTH. — I  have  observed  a  very  decided  improvement  in 
the  health  of  this  town  since  the  Maine  Liquor  Law  went  into  effect. 

33.  THE  USE  OF  SPIRITUOUS  LIQUORS. — There  has  been,  I  think,  a  grad- 
ual diminution  in  the  use  of  spirituous  liquors  in  this  town  for  the  past  two 
years. 

34.  ABANDONING  THE  CUP. — Many  moderate  drinkers  have  abandoned 
the  cup  entirely. 

35.  TRADE. — There  has  been  an  increase  in  the  legitimate  home^  trade  of 
the  town. 

36.  ATTENDANCE  AT  CHURCH. — My  congregation  has  been  steadily  in- 
creasing since  the  enforcement  of  the  law. 

37.  PUBLIC  OPINION. — The  feeling  of  respectable  citizens  is  almost  unani- 
mously in  favor  of  the  law. 

38.  ABSENCE  OF  DRUNKENNESS. — Inebriates  are  no  longer  seen  stagger- 
ing through  our  streets. 

39.  THE  ELECTION. — A  thorough  going  temperance  man  was  this  year 
elected  by  a  large  majority  to  our  State  Legislature. 

40.  A  MURDER. — An  atrocious  murder  was  committed  in  this  town  hrthe 
early  part  of  last  year,  at  an  hotel,  at  which  ardent  spirits  were  sold  in  vio- 
lation of  the  law.     The  keeper  of  the  hotel  is  now  in  prison  awaiting  trial 
for  murder. 

41.  MORE  VIGILANT  EXECUTION  OF  THE  LAW.— The  above  circumstance 
has  prompted  us  to  be  more  vigilant  in  the  execution  of  the  law.     Out  of 
that  evil  great  good  has  thus  come.    Since  that  time  a  great  improvement 
has  taken  place  at  the  hotel  and  through  the  town  generally. 

February  3, 1S55. 

244 


CHAP.  XL]  IN  MASSACHUSETTS.  [SEC.  1. 


NORTH    READING. 

42.  The  temperance  friends  here  have  been  subjected  to  a 
bitter  kind  of  persecution,  of  which  the  following  is  an  instance, 
recorded  in  the  Boston  Telegraph.  It  is  a  fair  specimen  of  the 
way  in  which  wicked  men  show  their  spleen  toward  those  who 
desire  to  promote  the  morality  and  general  welfare  of  the  com- 
munity. 

43.  RTTM  ARGUMENTS. — A  severe  outrage  was  committed 'on  the  evening 
of  the  9th  of  January  upon  the  property  of  AARON  T.  HEROES,  of  North 
Reading,  about  ten  o'clock  in  the  evening.  Thirty  or  forty  of  his  fruit  trees 
were  girdled ;  four  bottles  of  coal  tar  were  thrown  into  one  of  his  windows, 
destroying  every  thing  it  came  in  contact  with.  He,  with  others,  in  accord- 
ance with  a  vote  of  the  town,  had  prosecuted  a  man  by  the  name  of  TOWN- 
SEND  for  selling  liquor  contrary  to  law.  He  was  taken  before  the  police  court 
of  Lowell,  and  this  is  the  way  they  retaliate.  It  is  supposed  there  must  have 
been  some  four  or  five  persons  engaged  in  this  detestable  business.  The  select- 
men have  offered  one  hundred  and  fifty  dollars  for  their  detection. 


There  Is  good  room  for  Improvement ;  but  I  thank  God  we  have  made  some  inroads  apou  the  monster  evil, 
and  have  dried  up  some  of  the  fountains  from  which  flow  streams  that  desolate  the  fair  face  of  society.— 
LIEUT.  Gov.  HUNTINGDON,  Ex-Mayor  of  Lowell. 

NORFOLK    COUNTY. 

Prohibition  some  time  in  operation  in  Norfolk  County— Population. 

CANTON. — Population — From  the  correspondent  of  the  State  Temperance  Society : — Ex- 
pectations exceeded — Crime — Bum-shops  closed — Secret  places. 

"RANDOLPH.— Population— From  Repwt  of  the  State  Temperance  Society  .-—Closely 
watched — Good  done. 

SHARON.— Population — From  Kev.  MTEON  MERRIAM  : — Fourteen  years  of  prohibition — Re- 
claimed from  intemperance — Public  opinion — The  Maine  Liquor  Law  enforced. 

WEYMOTTTH. — Population — From  Rev.  JONAS  PERKINS  : — Period  of  operation — Retail  traffic 
excluded— Crime— Reclaimed  from  intemperance— The  Sabbath. 

1.  PROHIBITION  has  been  for  some  time  in  operation  in  several 
parts  of  this  county,  leaving  little  for  the  Maine  Liquor  Law  to 

245 


CHAP.  XL]  RESULTS  OF  PROHIBITION  [SEC.    2-14. 

do.  It  is  gratifying  to  see  that  in  country  districts  there  is  a 
degree  of  public  morality  which  excludes  drinking,  when  aided 
by  law,  from  the  ordinary  habits  of  the  people.  If  found  at  all, 
it  is  among  a  class  of  persons  generally  foreigners  that  can  not 
lay  claim  to  the  distinction  of  respectability  as  citizens. 

2.  Population  78,892. 

CANTON. 

3.  Population  2,598. 

JFrom  the  Correspondent  of  State  Temperance  Society. 

4.  EXPECTATIONS  EXCEEDED. — The  beneficial  results  of  the  law  have  ex- 
ceeded our  expectations. 

6.  CRIME. — Crime,  quarrels,  and  drunkenness  have  greatly  diminished. 
The  report  of  the  Grand  Jury  of  Norfolk  County,  at  its  last  session,  will 
prove  this. 

6.  RUM-SHOPS  CLOSED. — The  law  has  closed  three  quarters  of  the  rum- 
shops  in  this  region. 

7.  SECRET  PLACES. — One  great  benefit  the  law  has  accomplished  is  this  : 
it  has  driven  the  rum  traffic  into  secret  places.     The  fact  that  it  can  not 
now  be  found  without  seeking,  will  prevent  the  fall  of  many  young  men. 

January  3, 1853. 

RANDOLPH. 

8.  Population  4,741. 

From  the  Eeport  of  the  State  Temperance  Society. 

9.  CLOSELY  WATCHED. — There  were  six  shops  in  operation  before  the  law 
went  into  effect,  which  they  closed  promptly  and  quietly.    They  are  watched 
closely,  and  we  believe  they  do  not  sell  any. 

10.  GOOD  DONE. — A  great  deal  of  good  has  been  done.    The  friends  of  order 
see,  feel,  and  appreciate  the  good  effects  of  the  law. 

January  7, 1853. 

SHARON. 

11.  Population  1,128. 

From  Eev.  MTBON  MEBKIAM,  Baptist. 

12.  FOURTEEN  YEARS  OF  PROHIBITION. — Liquors  have  not  been  sold 
here,  except  for  medicinal  purposes,  for  fourteen  years.     This  prevents  com- 
parison as  to  the  results  of  the  law  more  recently  enacted. 

13.  RECLAIMED  FROM  INTEMPERANCE. — Several  cases  of  reclamation 
from  intemperance  have  come  within  the  scope  of  my  own  observation  as  a 
result  of  the  Maine  Liquor  Law. 

14.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  decid> 
edly  in  favor  of  the  Maine  Liquor  Law. 

246 


CHAP.  XII.]  IN  Mx\SSACHUSETTS.  [SEC.  1. 

15.  THE  MAINE  LIQUOR  LAW  ENFORCED. — Ours  is  a  rural  town,  and  no 
liotel.  Those  who  use  intoxicating  drinks  have  to  obtain  it  elsewhere. 
There  was  an  attempt  made  to  keep  liquors  by  a  man  residing  near  a  beau- 
tiful pond  in  the  town,  to  sell  to  those  who  came  there  on  excursions  of 
pleasure ;  but  he  found  himself  so  closely  pursued  by  the  solid  temperance 
men  of  the  place,  that  he  was  obliged  to  desist. 
January  15, 1855. 

WEYMOUTH. 

16.  Population  5,369. 

From  Rev.  JONAS  PERKINS,  Congregationalist. 

17.  PERIOD  OF  OPERATION. — Nearly  two  years. 

18.  RETAIL  TRAFFIC  EXCLUDED. — The  previous  prohibitory  law  had  ex- 
cluded the  retailing  of  spirituous  liquors  from  most  country  towns  in  this 
section. 

19.  CRIME. — I  should  judge  that  crime  has  diminished  fifty  per  cent,  as  a 
result  of  these  laws. 

20.  RECLAIMED  FROM  INTEMPERANCE. — The  estimated  number  of  those 
who  have  relinquished  the  practice  of  intemperance  is  seventy-five  per  cent., 
as  a  result  of  the  prohibitory  laws. 

21.  THE  SABBATH. — There  is  better  observance  of  the  Sabbath. 

22.  ATTENDANCE  AT  CHURCH. — My  congregation  has  increased  probably 
twenty-five  per  cent. 

January  3, 1855 


How  get  the  right  to  enter  a  man's  premises  ?  If  it  is  right  to  enter  a  man's  premises  to  find  whether 
the  liquor  he  sells  is  adulterated,  and  to  confiscate  it  if  it  is,  then  the  principle  is  admitted. — REV.  HENRY 
WARD  BEECHEK. 

PLYMOUTH    COUNTY 

The  traffic  abolished  in  the  county— Population— From  Kev.  CALEB  STETSON  :— Prohibi- 
tion for  years — Public  opinion. 

MARSHFIELD.— Population— From  Eev.  OLIVER  P.  FAKKINGTON  :— Period  of  operation- 
Crime— Public  health— Reclaimed  from  intemperance— Trade— The  Sabbath— Attend- 
ance at  church — Public  opinion — Politics. 

SCITUATE.— Population— From  Eev.  DANIEL  WEIGHT  :— Period  of  operation— Previous 
reform — Public  opinion — Sustaining  the  law. 

1.  THE  traffic  in  Plymouth  County  has  been  for  some  years 
abolished  as  an  open  trade  ;  but  the  proximity  of  the  county  to 

247 


CHAP.  Xn.]  RESULTS  OF  PROHIBITION  [SEC.  2-18. 

Boston,  where  liquor  could  be  freely  obtained,  has  prevented  the 
full  effects  of  prohibition  being  enjoyed  by  the  people. 

2.  Population  55,697. 

From  Eev.  CALEB  STETSON,  Unitarian,  South  Scituate. 

3.  PROHIBITION  FOB.  YEARS. — In  this  county  no  license  to  sell  intox- 
icating liquors  has  been  granted  for  many  years.    In  this  and  the  neigh- 
boring towns  no  places  have  been  open  for  this  traffic.     There  has,  there- 
fore, been  nothing  visible  on  which  the  Maine  Liquor  Law  could  operate. 

4.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  in 
favor  of  the  law,  desiring  to  have  it  made  perfect,  and  thoroughly  executed 

January  8, 1855. 

MARSHFIELD. 

5.  Population  1,837. 

From  Eev.  OLIVER  P.  FAKEINQTON. 

6.  PERIOD  OF  OPERATION. — About  two  years  and  five  months. 

7.  CRIME. — The  diminution  of  crime  has  been  very  perceptible. 

8.  PUBLIC  HEALTH. — Many  have  been  secured  against  the  various  dis- 
eases resulting  from  intemperance  by  being  deprived  of  the  means  of  becom- 
ing intemperate. 

9.  RECLAIMED  FROM  INTEMPERANCE. — Reclamation  of  the  drunkards, 
I  am  told,  has  followed  the  enforcement  of  the  law. 

10.  TRADE. — There  unquestionably  has  been  an  increase  in  legitimate 
home  trade  as  a  result  of  the  Maine  Liquor  Law  here. 

11.  THE  SABBATH. — The  Sabbath  has  been  better  observed. 

12.  ATTENDANCE  AT  CHURCH. — My  church  has  been  more  fully  at- 
tended. 

13.  PUBLIC  OPINION. — Respectable  citizens  are  generally  in  favor  of  this 
or  of  some  prohibitory  law. 

14.  POLITICS. — The  Maine  Liquor  Law  is  one  of  the  great  questions  in 
politics  and  in  qualification  for  political  preferment  here. 

December  30, 1854. 

SCITUATE. 

15.  Population  2,149. 

From  Kev.  DANIEL  WRIGHT,  Jun.,  Orthodox  Congregationalist. 

16.  PERIOD  OF  OPERATION. — Since  July,  1852. 

17.  PREVIOUS  REFORM. — The  reform  of  previous  years  in  this  village 
left  but  little  for  the  Maine  Liquor  Law  to  effect ;  and  as  Boston,  so  very 
near  us,  does  not  execute  the  law,  there  is  but  little  perceptible  effect  pro- 
duced here. 

18.  PUBLIC  OPINION. — The  general  feeling  of  all  respectable  citizens  is, 
that  the  law  is  excellent,  and  should  be  universally  enforced  throughout  the 

248 


.  XTTT]  IN  MASSACHUSETTS.  [Sec.  1-5. 


land  and  world.  We  ardently  desire  to  see  the  blessing  spread.  God  speed 
its  triumph  ! 

19.  SUSTAINING  THE  LAW.  —  The  town  Union  Temperance  Society  was 
formed  in  October,  1852,  in  this  place.  It  soon  numbered  500  members.  Its 
object  is  to  sustain  the  law,  and  this  society  continues  to  hold  its  quarterly 
meetings  ;  but  the  neglect  of  Boston  discourages  many  in  this  section. 

January  14,  1855. 


Clergymen,  anti-slavery,  and  total  abstinence  men  are  almost  unanimously  friendly  to  the  law, — DB. 
STONK,  Boston. 

SUFFOLK  COUNTY. 

Prohibition  but  imperfectly  enforced  in  Suffolk  County— The  moneyed  interest  connected 
with  the  liquor  traffic — Population. 

BOSTON.— Population— From  the  Boston  Transcript  /—Convictions  under  the  law— Public 
opinion — Decree  in  relation  to  non-residents. — From  Eev.  LYMAN  BEECHER,  D.D. : — The 
Maine  Liquor  Law  of  God— The  clergy— Done  great  things— Political  opposition— Pub- 
lic sentiment— From  Dr.  STONE -.—Public  entertainments— Position  of  workingmen. 

Smoking  in  the  streets. 

1.  PROHIBITION  in  Suffolk  County,  and  particularly  in  Boston, 
has  been  but  very  imperfectly  enforced,  especially  since  the  de- 
cision of  the  court  against  the  sixteenth  section  of  the  law. 

2.  The  large  moneyed  interest  connected  with  the  traffic  in 
this  commercial  county  renders  it  exceedingly  difficult  for  tem- 
perance to  prevail.    But  recently,  even  in  the  city  of  Boston,  the 
election  has  turned  in  favor  of  prohibition.    This  is  encouraging, 
and  as  the  law  has  been  enforced  to  some  extent  already,  there 
is  every  probability  that  the  new  law  will  sweep  down  the  liquor 
traffic,  and  with  it  the  corruption  incident  to  rum-contested  elec- 
tions, so  as  to  secure,  in  future,  temperance  men  among  the  city 

•  authorities  to  enforce  the  law. 

3.  Population  144,517. 

BOSTON. 

4.  Population  136,881. 

From  the  Boston  Transcript. 

5.  CONVICTIONS  UNDER  THE  LAW. — The  municipal  court  have  recently 
convicted  fourteen  liquor-sellers,  sentenced  them  to  pay  each  a  fine  of  $100 

11*  249 


CHAP.  XIII.]  RESULTS  OF  PROHIBITION  [SBC.  6--12. 

and  costs,  or  be  imprisoned  sixty  days  in  the  house  of  correction.  "  Since 
Friday  morning  last,  Deputy  Sheriff  ANDREWS  has  received  about  $2,500  in 
the  above  manner  (penalties  for  illegal  liquor-selling)  for  the  benefit  of  the 
Commonwealth.  The  grand  jury  returned  about  seventy  additional  indict- 
ments of  this  class  this  morning."  Among  those  recently  fined  $100  and 
costs,  and  put  under  bonds  of  $1,000  to  obey  the  law  in  future,  is  the  cele- 
brated PETER  P.  BRIGHAM,  the  keeper  of  the  most  splendid  drinking- saloon 
in  Boston. 

6.  PUBLIC  OPINION. — Although  in  a  city  of  this  magnitude  the  rum  in- 
terest is  a  strong  money  power,  and  the  temperance  party  has  consequently 
great  difiiculties  to  contend  with,  the  following  results  of  the  recent  election 
will  show  that  the  majority  of  the  electors  are  in  favor  of  prohibition  :  of 
the  forty-four  representatives  which  Boston  sends  to  the  Legislature  this 
year,  twenty-three  of  them  are  original  Maine  Law  men ;  and  of  the  six  sen- 
ators, three  are  prohibitionists. 

7.  DECREE  IN  RELATION  TO  NON-RESIDENTS. — The  city  authorities  of 
Boston  have  decreed  that  all  the  names  of  non-residents  who  come  to  Boston 
and  get  drunk  and  are  arrested,  shall  be  published. 

February  7,  1855. 

From  Eev.  LYMAN  BEECUER,  D.D. 

8.  THE  MAINE  LIQUOR  LAW  or  GOD.— This  thing  is  of  God.     You  may 
stave  it  off  by  law  until  you  have  got  a  majority  of  the  people  to  force  it 
through ;  but  carry  it  you  must,  and  no  man  is  so  foolish  as  not  to  see  its 
success  is  greater  than  could  have  been  conceived.     It  is  God's  work,  every 
step  of  the  way  perfect  as  we  go  along.    When  at  the  early  commencement 
we  got  advanced  one  stage,  we  came  to  a  stand,  and  then  we  were  inspired, 
in  a,  certain  sense,  to  see  what  to  do  next.    But  we  never  went  back,  although 
we  slept  on  our  arms  sometimes      Public  sentiment  somehow  got  prepared 
for  another  step.    I  have  the  same  confidence  that  God  has  done  this  as  I 
have  that  He  planted  the  Gospel  in  the  times  of  the  Apostles,  and  carried  it 
forward  against  fire  and  sword. 

9.  THE  CLERGY. — With  two  or  three  exceptions,  all  the  clergymen  in 
this  city  are  with  us  in  the  movement;  we  are  all  as  one  in  this  great 
question. 

10.  DONE  GREAT  THINGS. — We  are  in  the  hardest  place,  perhaps,  in  this 
continent ;  but  we  have  done  great  things  even  here,  and  now  we  are  about 
to  reap  the  fruits  of  all  our  labors. 

11.  POLITICAL  OPPOSITION. — Our  great  opposition  has  come  from  politi- 
cians and  from  the  rumsellers  themselves.    We  could  have  put  the  thing 
down  in  a  fortnight  but  for  politicians. 

12.  PUBLIC  SENTIMENT. — But  public  sentiment  here,  notwithstanding 
all  our  disadvantages,  is  decidedly  in  our  favor.     Nobody  believes  we  are 
going  back.     Some  people  say  there  is  more  liquor  drunk  in  Boston  than 

250 


CHAP.  XIIL]  IN  MASSACHUSETTS.  [Ssc.  13-15. 


there  was  before ;  few  people  believe  it.    The  impulse  in  favor  of  prohibition 
is  very  strong,  it  is  rapidly  gaining  ground,  and  will  speedily  prevail. 

J'J.Tiutry  20,  1S55.* 

From  Dr.  STONB. 

13.  PUBLIC  ENTERTAINMENTS. — No  branch  of  the  temperance  reform 
has  more  thoroughly  succeeded  than  that  which  has  had  reference  to  public 
entertainments.    It  is  only,  I  think,  since  the  time  of  Mayor  QUINCY,  Jun., 
now  about  eight  years,  that  the  public  dinners  of  this  city  have  been  pre- 
pared upon  a  temperance  plan.    And  at  this  time  nearly  all  the  great  pub- 
lic festivals  and  entertainments  in  this  vicinity,  at  which  several  hundred 
people  are  expected  to  be  present,  including  the  time-honored  Commence- 
ment Dinner  of  Harvard  University,  are  conducted  upon  temperance  prin- 
ciples, no  beverage  being  provided  but  lemonade,  water,  and  coffee.    The 
transformation  of  public  opinion  that  would  allow  of  this  change  has  only 
been  gradually  achieved.    But  its  accomplishment  has  been  the  result  of 
the  expenditure  of  much  labor,  time,  and  money. 

14.  POSITION  OF  WORKINGMEN. — Not  many  years  since,  many  artisans 
and  employees,  such  as  shoemakers,  stage-drivers,  etc.,  were  habitually  ac- 
customed to  drink  freely      Now,  the  practice  has  much  abated,  and  we 
even  hear  of  Stage-drivers'  Temperance  Conventions ;  while  the  money  for- 
merly devoted  to  the  purchase  of  liquor  is  now  used  to  elevate  them  into  a 
higher  position  in  society,  and  to  satisfy  those  wants  which  that  higher  po- 
sition originates. 

February  21, 1855.t 

15.  Boston  has  taken  the  lead  in  an  excellent  temperance 
movement  which  deserves  particular  mention.  A  city  ordinance 
prohibits  the  smoking  of  pipes,  cigars,  etc.,  in  the  public  streets 
of  the  city.  The  annoyance  to  which  persons  are  always  sub- 
ject in  other  cities  by  the  air  being  loaded  with  poisonous  smoke, 
is  an  infringement  on  the  right  of  the  citizen  to  fresh  air  which 
should  not  be  tolerated  in  any  community  professing  to  maintain 
the  common  rights  of  mankind. 

*  From  The  Maiiie  Law  lUwtrated.  t  Lbid. 

251 


CHAP.  XTV.]  RESULTS  OF  PROHIBITION  [SEC.  1-5. 


The  temperance  cause  in  Massachusetts  has  reached  a  crisis  which  has  no  parallel  In  Its  past  history. 
The  time  for  relying  upon  expostulation  and  remonstrance  has  passed  by.  and  the  hour  for  action  has 
come. — HON.  HORACE  MANN,  June  21,  1852. 

WORCESTER    COUNTY. 

The  German  and  Irisn  population  most  difficult  to  control  by  law — Population. 

BLACKSTONE. — From  Mr.  WILLIAM  TEBB  : — Population — Period  of  enforcement — Cost  of 
liquor  in  Blackstone— The  results  of  drinking— The  recent  convictions— The  public  peace 
— Appeals. 

MILFORD.— Population— From  Rev.  J.  T.  WOODBUBT  :— Period  of  operation— Crime— Pub- 
lic health — Trade — The  Sabbath — Attendance  at  church — Public  opinion — Convictions 
under  the  Maine  Liquor  Law — No  open  sale. — From  Rev.  D.  H.  PLUMB  : — Crime — The 
Sabbath — Public  opinion — Open  sales  of  liquor  prevented. 

TEMPLETON. — Population — From  Rev.  L.  SABIN  : — Period  of  enforcement — The  traffic 
nearly  exterminated— Beneficial  to  the  community— The  Sabbath— Attendance  at  church 
—Public  opinion. 

"WORCESTER  CITY.— Population— From  Rev.  T.  W.  HIGGINSON  :— New  city  government— 
The  Carson  League. 

1.  THE  various  sections  of  a  State  offer  obstacles,  peculiar  to 
themselves,  to  the  efficient  operation  of  the  Maine  Liquor  Law. 
Perhaps  there  is  no  more  difficult  class  to  control  than  the  Ger- 
mans, and  next  to  them  the  Irish,  who  form  combinations  among 
their  respective  countrymen  to  evade  the  law,  and  to  defeat  the 
ends  of  justice  by  either  refusing  to  give  evidence  or  swearing 
falsely.     This  is  the  case  in  many  parts  of  Worcester  County ; 
but  the  more  stringent  law  just  passed  is  expected  to  reach  even 
these  difficult  cases.     In  other  respects  the  law  has  been  pretty 
well  enforced  in  this  county,  and  even  the  evasions  alluded  to 
are   carried  on  privately,  and  do  not  assume  the  character  of 
public  sales. 

2.  Population  130,789. 

BLACKSTONE. 

3.  Population  of  the  township  6,000. 

From  Mr.  WILLIAM  TEBB. 

4.  PERIOD  OF  ENFORCEMENT. — Only  within  the  last  few  weeks. 

5.  COST  OF  LIQUOR  IN  BLACKSTONE. — The  liquor-sellers  have  filled  their 
coffers  with  the  price  of  blood  in  open  defiance  of  such  law  as  has  been  en- 
acted, and  held  a  carnival  of  triumph,  declaring  tauntingly,  that  the  law 

252 


CHAP.  XIV.]  IN  MASSACHUSETTS.  [SEC.  6-18. 

•was  powerless  and  could  never  affect  their  interests.  At  a  public  meeting 
held  recently  in  this  town,  to  inquire  into  the  causes  of  the  poverty  around, 
it  was  stated  that  ten  thousand  dollars  a  year  were  spent  in  intoxicating 
liquor,  and  every  effort  made  to  alleviate  the  poor  must  be  futile  until  this 
liquor  traffic  was  stopped.  So  notorious  has  rum-drinking  been  here,  that 
the  district  attorney,  at  the  trial  of  some  liquor  cases,  recently  said,  "It  ap- 
peared to  him  that  one  half  of  the  inhabitants  of  Blackstone  were  devoted  to 
selling  liquor,  and  the  other  half  to  drinking  it." 

6.  THE  RESULTS  OF  DRINKING. — From  the  police  reports  for  the  past 
year,  it  appears  that  out  of  thirty  criminal  convictions,  twenty-five  of  them 
were  directly  traceable  to  rum-drinking.    The  overseer  of  the  poor  informs 
me,  "  of  poverty  and  destitution,  where  it  amounts  to  actual  distress,  nine 
tenths  are  caused  by  the  frequent  use  of  intoxicating  liquor,  and  at  least 
three  fourths  of  the  crime  originate  in  the  same  cause. 

7.  THE  RECENT  CONVICTIONS. — A  committee  has  been  recently  appointed 
by  public  meetings,  and  subscriptions  raised  to  prosecute  the  rumsellers,  and 
a  vigorous  crusade  has  been  commenced.     The  number  of  cases  already  tried 
is  sixteen ;  all  except  one  have  resulted  in  conviction.     The  whole  sixteen 
rum-shops  are  now  closed. 

8.  THE  PUBLIC  PEACE. — The  result  of  the  closing  of  the  liquor-shops  for 
good  order,  Sabbath  observance,  and  morality  is  very  manifest  already. 

9.  APPEALS. — The  liquor-sellers  are  using  every  effort,  by  the  aid  of  able 
counsel,  to  quash  the  indictments  against  which  exceptions  have  been  taken, 
and  the  cases  will  be  brought  before  the  Supreme  Court  for  final  decision. 
The  prosecutors,  however,  will  meet  them,  inch  to  inch  and  foot  to  foot.    The 
prosecuting  committee  are  determined  to  pursue  their  course  until  by  this 
or  some  other  law  the  rum  traffic  will  be  entirely  abolished. 

February  12, 1855. 

MILFORD. 

10.  Population  4,819. 

From  Eev.  J.  T.  WOODBUET,  Orthodox  Congregationalist. 

11.  PERIOD  OF  OPERATION. — About  two  years  and  five  months. 

12.  CRIME. — I  estimate  that  crime  has  diminished  in  that  period  about 
fifty  per  cent. 

13.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  im- 
proved beyond  all  doubt. 

14    TRADE. — Legitimate  home  trade  has  been  increased. 

15.  THE  SABBATH. — The  observance  of  the  Sabbath  has  improved. 

16.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  been 
increased. 

17.  PUBLIC   OPINION. — The  general  feeling  of  respectable  citizens  is 
greatly  in  favor  of  the  law. 

18.  CONVICTIONS  UNDER  THE   MAINE   LIQUOR  LAW. — Seventy  com- 

253 


CHAP.  XIV.]  RESULTS  OF   PROHIBITION  [SEC.  19-31. 

plaints  were  made  against  sellers  of  liquor  in  this  town  last  spring,  and  in 
every  case  there  was  a  plea  of  guilty  on  conviction  without  appeal,  and  over 
$700  were  paid  into  the  treasury  of  the  town. 

19.  No  OPEN  SALE. — There  is  no  open  sale  here ;  there  is  occasionally  a 
conviction  for  secret  sale.    There  is  a  communication  by  mail  between  this 
place  and  Boston  three  times  a  day  that  injures  us,  as  drinkers  send  to 
Boston. 

January  23,  1S55. 

From  Eev.  D.  H.  PLUMB,  Universalist. 

20.  CRIME. — There  has  been  a  reduction  in  crime,  as  far  as  can  be  ascer- 
tained, of  about  twenty  per  cent. 

21.  THE  SABBATH. — We  think  the  observance  of  the  Sabbath  has  been 
increased  in  consequence  of  the  Maine  Liquor  Law. 

22.  PUBLIC  OPINION. — Respectable  citizens  are  generally  in  favor  of  the 
Maine  Liquor  Law. 

23.  OPEN  SALES  OF  LIQUOR  PREVENTED. — There  is  a  large  foreign  popu- 
lation here,  and  the  intemperance  is  chiefly  among  them.     We  think  the 
Maine  Liquor  Law  is  useful  in  preventing  them  from  selling  openly,  although 
they  will  sell  secretly  to  a  greater  or  less  degree. 

February  5,  1855. 

TEMPLETON. 

24.  Population  2,173. 

From  Kev.  L.  SABIN,  Congregationalist. 

25.  PERIOD  OF  ENFORCEMENT. — Since  July,  1853. 

26.  THE   TRAFFIC  NEARLY  EXTERMINATED. — Under  the  old  law  the 
traffic  in  intoxicating  liquors  had  been  nearly  exterminated  in  this  town  be- 
fore the  new  law  went  into  operation  with  us.     There  is  one  part  of  the  town 
where  neither  the  old  nor  the  new  law  has  been  fully  enforced. 

27.  BENEFICIAL  TO  THE  COMMUNITY. — The  restriction  of  the  traffic  by 
the  enforcement  of  prohibitory  law  among  us  has  been  highly  beneficial  to 
this  community.     It  has  evidently  operated  greatly  to  diminish  crime  and  to 
promote  the  health,  peace,  and  comfort  of  society. 

28.  THE  SABBATH. — I  am  confident  that  the  Sabbath  is  better  observed. 

29.  ATTENDANCE  AT  CHURCH. — Numbers  are  regular  attendants  at  my 
church  now  who  were  not  likely  to  have  attended  any  church  if  prohibitory 
legislation  had  not  been  employed  to  put  a  stop  to  the  liquor  traffic . 

30.  PUBLIC  OPINION. — The  general  feeling  of  our  virtuous  citizens  is 
strongly  in  favor  of  the  Maine  Liquor  Law,  and  many  feel  that  what  we 
most  want  is  an  amendment  to  our  present  law,  so  that  the  man  who  gets 
intoxicated  shall  be  compelled  to  testify,  on  becoming  sober,  where  he  ob- 
tained the  liquor. 

WORCESTER    CITY. 

31.  Population  in  1850,  17,049.     In  1853,  20,751. 
254 


CHAP.  XIV.]  IN  MASSACHUSETTS.  [Sec.  32,  33. 

From  Kev.  T.  W.  UIGGINSON,  Unitarian,  formerly  President  of  the  Worcester  Carson 

League. 

32.  NEW  CITY  GOVERNMENT. — We  have  chosen  a  new  city  government, 
which  seems  to  be  more  active  in  suppressing  the  liquor  traffic  than  its  im- 
mediate predecessors. 

33.  THE  CARSON  LEAGUE.— The  Carson  League,  under  date  of  October 
2,  1854,  has  reported,  as  a  result  of  their  labors,  the  following  cases  : 

Convictions,  25  single  sales,  fines,  and  costs $562  51 

5  common  sellers,  "       "       "    .  549  56 


$1,112  07 

Cases  continued — 15  single  sales  (if  convicted),  say $200  00 

7  common  sellers  (if  convicted) 750  00 


$2,062  07 

Add  to  the  above  the  fees  paid  by  liquor-dealers  to  their  counsel  in  these 
cases,  which  probably  vary  from  $10  to  $20,  and  we  have  a  total  sum,  from 
$2,800  to  $3,000,  as  the  cost  of  these  operations  to  the  violators  of  law. 
Nearly  all  this  work  was  done  by  the  Carson  League,  in  about  four  months, 
at  a  cost  of  about  $300  to  the  members ;  and  the  only  reason  why  they 
have  not  done  more  (except  from  the  temporary  absence  of  their  agent,  Mr. 
STOWELL.)  has  been  that  they  had  no  more  money  to  spend.  Moreover,  the 
above  statement  does  not  include  the  cases  which  went  no  farther  than  the 
Police  Court,  of  which  there  were  some.  Several  houses  have  been  entirely 
broken  up,  including  one  of  the  most  notorious  for  rumselling,  gambling, 
and  gross  licentiousness.  At  their  own  expense,  and  under  great  obstacles, 
the  members  of  the  League  have  carried  on  an  extensive  and  successful 
series  of  prosecutions.  At  a  cost  of  $300  they  have  put  from  $1,000  to 
$1,500  into  the  public  treasury.  It  is  not  now  necessary  to  discuss  whether 
the  public  authorities  ought  to  have  done  this  work ;  the  fact  is  clear  that 
the  Carson  League  has  done  it.  The  first  operations  of  the  League  created 
a  terror  among  the  liquor-dealers,  leading  to  a  whole  system  of  concealment. 
Those  who  are  dissatisfied  with  the  mode  in  which  evidence  has  been  ob- 
tained, are  not  probably  aware  that  the  choice  lay  between  that  evidence 
and  none.  If  they  are  aware  of  it,  they  must  decide  for  themselves  the 
question,  whether  to  leave  the  liquor  traffic  unchecked,  or  to  have  purchases 
made,  for  the  purpose  of  obtaining  testimony.  The  simple  fact  is,  that  the 
Carson  League  is  a  volunteer  police,  and  no  police  operations  could  proceed 
a  clay  without  resorting  to  such  means  as  are  here  employed.  It  was  very 
unwillingly  that  the  officers  of  the  League  were  convinced  of  this ;  bub 
being  convinced,  there  was  but  one  course  to  pursue,  and  they  have  pursued 
it.  But  they  have  taken  as  much  care  as  possible  to  employ  no  agents  with- 
out careful  inquiry  into  their  habits  and  purposes ;  and  it  is  believed  that 

255 


CHAP.  XIV.]  RESULTS  OF  PROHIBITION,  ETC.  [SEC.  34,  35. 


no  one  has  been  employed  who  has  not  acted  under  a  sincere  desire  to  serve 
the  cause  of  temperance. 
February  -24,  1865. 

34.  The   only  county  from  which  we  have  received  no  ac- 
count of  the  results  of  the  Maine  Liquor  Law  in  Massachusetts 
is  that  of  Nantucket,  situate  on  the  island  bearing  that  name, 
some  distance  from  the  eastern  shore  of  Massachusetts,  and  con- 
taining a  population  of  8,452.     From  the  fact  that  its  neighbor- 
ing island  of  Martha's  Yineyard  is  a  thorough  prohibition  island, 
we  may  infer  that  Nantucket  is  not  far  behind,  especially  as  the 
latter  has  the  honor  of  being  the  birth-place  of  that  earnest  tem- 
perance advocate,  LUCRETIA  MOTT  [Chap.  I..  Sec.  15]. 

35.  We  submit  that  the  facts  recorded  in  these  chapters  on 
such  good  authorities  are  amply  sufficient  to  disprove  the  nu- 
merous reports,  manufactured  in  the  rum  interest,  that  in  Massa- 
chusetts the  Maine  Liquor  Law  has  been  an  entire  failure.     Al- 
though Paris  may  be,  in  a  political  sense,  France,  yet  Boston 
is  not  Massachusetts,  and  there  is  moral  strength  enough  in 
the  country  towns  of  this  important  Commonwealth  to  ultimately 
demolish  the  liquor  traffic  of  the  whole  State. 

256 


E  E  S  U  L  T  S 

OF 

PROHIBITION    IN    MICHIGAN. 


(Nt. 

The  general  conviction  that  this  is  a  law  called  for,  is  important.    On  that  account  I  am  not  sorry  that 
we  meet  with  checks  and  delays. — REV.  HESJRY  WAED  BKECHER. 

STATEMENTS   RELATING   TO   THE   STATE. 

The  spirit  and  energy  of  the  temperance  movement  in  Michigan  owing  to  the  interest  of 
the  women — Gratitude  to  the  women  of  Michigan — Population. 

STATEMENTS  OP  THE  GOVERNOR  :— Submitted  to  the  people— The  vote  of  the  people— Dis- 
agreement of  the  Supreme  Court — A  new  liquor  law  for  Michigan. — From  Miss  ANNE  B. 
HENDERSON  : — Period  of  enforcement — Decision  of  the  Supreme  Court — Public  opinion. — 
From  the  Kalamazoo  Gazette : — Nullification  of  the  Liquor  Law — How  good  citizens  are 
attracted  to  a  temperance  State. 

STATEMENT  OF  HON.  F.  J.  LITTLEJOHN  : — The  proper  form  for  a  Maine  Liquor  Law. 

1.  THE  State  of  Michigan  is  one  of  great  spirit  and  energy 
in  relation  to  the  temperance  movement,  owing  chiefly  to  $ie 
fact,  that  the  women  of  Michigan  take  a  deep  and  active  interest 
in  it.     This  is  the  only  State  in  the  Union  from  which  women 
have  responded  to  our  inquiries,  although  we  doubt  not  there  are 
many  temperance  women  in  other  States  who  would  have  done 
so  could  we  have  had  the  good  fortune  to  find  them  out ;  we  are 
no  less  grateful  to  those  of  Michigan  who  have  done  so  much  to 
aid  us  in  obtaining  information. 

2.  Population  397,694. 

STATEMENTS    OF    GOVERNOR    BINGHAM. 

3.  His  Excellency  Governor  BINGHAM,  in  his  Message  to  the 
Legislature  of  Michigan  for  1855,  made  the 'following  observa- 
tions relative  to  the  Maine  Liquor  Law  in  Michigan. 

4.  SUBMITTED  TO  THE  PEOPLE. — An  act  was  passed  by  your  immediate 
predecessors,  and  approved  on  the  12th  of  February,  1853,  "  Prohibiting 
the  manufacture  of  intoxicating  beverages,  and  the  traffic  therein."     The 
eighteenth  section  of  the  act  provided  for  its  submission  to  the  electors  of 

257 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  5-9. 


the  State  for  their  approval  or  disapproval  at  a  special  election  provided  for 
that  purpose  on  the  third  Monday  in  June  subsequent  to  the  passage  of  the 
bill.  If  approved  by  the  electors,  the  twentieth  section  provided  that  the 
act  should  take  effect  on  the  first  day  of  December  thereafter. 

5.  THE  VOTE  or  THE  PEOPLE. — The  result  of  the  election  showed  that 
the  large  majority  of  about  20,000  of  the  voters  of  the  State  were  in  favor 
of  the  law.      So  strong  and  unanimous  was  the  public  expression  of  its 
approval  that  the  manufacturer  and  dealer  in  intoxicating  drinks  very  gen- 
erally made  such  disposition  of  their  effects,  and  such  arrangement  in  their 
business,  as  to  submit  like  good  citizens  to  the  clearly  expressed  will  of  the 
majority,  and  allow  the  act  to  go  peacefully  into  operation. 

6.  DISAGREEMENT  OF  THE  SUPREME  COURT. — A  few,  however,  per- 
sisted in  the  violation  of  the  law  in  the  sale  of  intoxicating  drinks,  and  their 
prosecution  for  the  recovery  of  the  penalties  imposed,  brought  the  question 
of  its  constitutionality  before  the  Supreme  Court  for  their  decision.    It  is 
understood  that  the  members  of  that  body  were  equally  divided  upon  that 
question — four  of  them  sustaining  the  constitutionality  of  the  law,  while 
four  of  them  believed  that  some  of  its  clauses  were  unconstitutional.     The 
unfortunate  disagreement  between  the  members  of  that  high  tribunal  has 
practically  nullified  the  law,  and  no  effort  has  since  been  made  to  enforce 
its  provision.     The  sale  of  intoxicating  drinks  has  therefore  since  gone  on 
as  unrestrained  as  formerly,  and  the  hopes  of  those  who  had  relied  upon 
this  measure  as  an  efficient  aid  in  mitigating  the  wide-spread  social  evils, 
the  domestic  misery,  the  wretched  pauperism,  the  shocking  crimes,  and  the 
increased  taxation  which  are  caused  by  intemperance,  and  which  are  the 
sure  results  flowing  from  it,  have  been  totally  disappointed. 

7.  A  NEW  LIQUOR  LAW  FOR  MICHIGAN. — It  is  confidently  believed  that 
a  large  majority  of  the  most  intelligent  and  respectable  portion  of  commu- 
nity are  still  in  favor  of  the  passage  and  enforcement  of  a  "  prohibitory 
law,"  and  that  they  regard  such  a  measure  as  the  only  shield  which  will 
protect  society  against  the  terrible  calamities  which  the  unfortunate  vice  of 
intemperance  occasions.     I  therefore  recommend  such  legislative  action  on 
your  part  as  will  avoid  the  constitutional  objections  and  the  adoption  of 
such  other  provisions  as  your  wisdom  may  suggest,  to  enable  this  beneficent 
measure  to  go  into  full  effect. 

8.  In  response  to  this  demand  of  the  people  of  Michigan,  ex- 
pressed through  their  chief  magistrate,  the  Legislature  has  this 
year  passed  a  new  prohibitory  law  which,  it  is  believed,  will 
obviate  the  difficulties  of  the  former  law  which  it  is  intended  to 
supersede. 

From  Miss  ANXE  B.  HENDERSON,  Teacher,  Allegau. 

9.  PERIOD  OF  ENFORCEMENT. — The  Maine  Liquor  Law  came  into  oper- 
ation in  this  State  December  1st,  1853. 

258 


CHAP.  I.]  IN  MICHIGAN.  [SEC.  10-12. 

10.  DECISION  or  THE  SUPREME  COURT. — On  the  1st  of  February,  1854, 
there  was  a  case  of  appeal  to  the  Supreme  Court,  when  there  was  an  equal 
number  of  judges  for  and  against  the  constitutionality  of  the  Liquor  Law. 
Those  that  were  in  favor  of  the  constitutionality  of  the  law  were  Judges 
WHIPPLE,  GREEN,  JOHNSON,  and  MARTIN,  and  those  against  its  constitu- 
tionality were  Judges  WING,  PRATT,  DOUGLASS,  and  COPELAND.  This  de- 
cision, though  by  a  tie  vote,  tended  very  much  at  the  end  of  the  first  two 
months  to  defeat  the  purposes  of  the  law. 

IT.  PUBLIC  OPINION. — Notwithstanding  the  unfortunate  position  taken 
by  four  of  the  judges,  the  people  are  strongly  in  favor  of  prohibition,  and 
I  sincerely  hope  that  Governor  KINGSLEY  S.  BINGHAM  and  the  new  Legis- 
lature will  pass  an  act  this  winter  which  will  stand,  and  obviate  the  objec- 
tions of  those  four  judges,  or  one  more  stringent,  which  will  not  allow  the 
defendant  to  appeal  from  the  Circuit  Court  to  the  Supreme  Court.  The  fine 
for  selling  liquor  must  be  made  heavier  in  order  to  have  the  law  obeyed. 
Deceember  20, 1854. 

From  the  Kalamazoo  Gazette. 

12.  NULLIFICATION  OF  THE  LIQUOR  LAW. — We  apprehend  that  the  effect 
of  the  late  action  of  the  Supreme  Court  in  regard  to  the  Liquor  Law  is  mis- 
conceived by  many.  Some  of  the  Detroit  papers,  we  see,  state  that  it  vir- 
tually nullifies  the  law,  and  will  lead  to  infinite  confusion.  One  paper  says, 
the  bench  being  equally  divided,  that  when  a  case  is  taken  up  by  a  defend- 
ant from  the  decision  of  a  circuit  court  where  the  judge  is  favorable  to  the 
law,  that  this  judge  having  no  voice  in  the  case  when  it  arrives  in  the  Su- 
preme Court,  the  four  judges  opposed  to  his  view  will  reverse  his  decision 
and  nullify  the  law ;  and  further,  that  the  people,  not  being  allowed  an  ap- 
peal, will  be  left  entirely  remediless.  This  view  is  simply  ridiculous.  The 
Supreme  Judiciary  of  the  State  are  preparing  to  enact  no  such  farce  as 
this.  The  vote  given,  although  a  tie  one,  affirms  the  constitutionality  of  the 
la\v  just  as  effectually  as  a  unanimous  vote  would  have  done.  There  can  be 
no  half-way  business  in  the  matter.  Courts  are  governed  by  arbitrary  rules. 
A  tie  vote  effectually  decides  a  case  one  way  or  the  other.  It  would  be  a 
strange  doctrine  that  an  act  of  the  Legislature  could  be  overruled  by  a  tie 
vote  of  the  Supreme  Court.  It  is  surely  giving  that  body  sufficient  aiithority 
to  overturn  the  legislation  of  the  people,  in  a  clear  and  distinct  case,  where 
a  majority  of  the  judges  decidedly  concur.  The  power  of  the  judiciary  to 
over-ride  the  legislative  department  of  the  government  is  one  most  jealously 
guarded,  and  to  be  exercised  only  in  cases  almost  or  wholly  clear  of  doubt. 
Any  other  rule  would  give  the  Supreme  Bench  a  power  over  the  Legislature 
absolutely  dangerous  to  our  liberties.  No:  the  action  of  the  judges  has 
sustained  the  act  most  unequivocally.  Were  the  Detroit  editor's  view  the 
true  one,  it  would  bring  our  whole  system  of  government  into  contempt. 
An  editor  is  under  a  deep  responsibility,  and  is  highly  culpable  for  uttering 
loose  and  unstudied  opinions  on  important  subjects.  To  our  certain  knowl- 

250 


CHAP.  I.]  RESULTS   OF   PROHIBITION  [SEC.  13,  14. 

edge  the  editor's  remarks  referred  to,  have  misled  the  minds  of  some  among 
us,  if  they  have  not  incited  to  a  direct  violation  of  the  law. 

13.  How  GOOD  CITIZENS  ARE  ATTRACTED  TO  A  TEMPERANCE  STATE. — 
"  I  have  come  with  my  wife  and  children  to  make  my  home  in  Michigan," 
said  a  gentleman  to  us  a  few  days  since,  "  on  no  other  account  but  the  large 
vote  given  by  your  people  in  favor  of  the  Maine  Law.    I  had  supposed 
before  that  vote  that  the  moral  tone  of  society  here  was  below  that  of  the 
Eastern  States,  and  never  could  consent  to  come  to  this  State  with  that  im- 
pression on  my  mind.    But  the  unexpected  and  overwhelming  vote  in  favor 
of  the  anti-liquor  law  dispelled  the  illusion,  and  created  so  strong  a  hope  in 
me  that  -here  my  children  would  be  placed  beyond  the  reach  of  temptation 
from  the  destroying  beverage,  that  I  have  brought  them  into  your  midst, 
determined  to  cast  my  worldly  hopes  and  fortune,  as  well  as  theirs,  among 
you ;  and  many  more  in  the  Eastern  States,  to  my  knowledge,  are  preparing 
to  do  the  same,  and  all  on  account  of  that  noble  vote  given  by  your  people." 
This  is  a  most  gratifying  view  of  the  subject,  and  if  no  other  recommend- 
ation were  applicable  to  this  great  moral  movement  on  the  part  of  our 
people,  this  alone  would  overbalance  all  the  minor  objections  that  have  been 
raised  to  it.     This  favorable  impression  we  have  created  abroad,  it  should 
be  the  effort  of  every  good  citizen  to  see  maintained  and  deserved.  • 

STATEMENT    OF    HON.    F.    J.   LITTLEJOHN. 

14.  THE  PROPER  FORM  FOR  A  MAINE  LIQUOR  LAW. — I  would  exclude 
from  this  bill  every  provision  having  reference  to  the  manufacture.    My 
position  on  this  bill  is  easily  defined.     I  am  in  favor  of  a  stringent  law,  en- 
tirely prohibiting  the  traffic  in  intoxicating  liquors  as  a  beverage.     I  am 
for  declaring  such  traffic  to  be  a  crime,  indictable  and  punishable  as  such. 
Whether  the  charge  be  for  selling  as  a  beverage  a  glass  of  brandy  or  glass 
of  cider,  let  the  person  convicted  be  sent  to  the  county  jail  for  one  hundred 
days,  and,  my  word  for  it,  your  work  is  done.* 

*  Speech  in  the  Legislature  of  Michigan  in  the  last  session's  debate  on  the  Liquor 
Law. 

260 


CHAP.  H.]  IN  MICHIGAN.  [SEC.  1-6. 


The  seal  of  everlasting  reprobation  and  abhorrence  upon  this  traffic  is,  that  It  has  no  redeeming  qualifi- 
cation. It  never  has  done  man  any  good,  and  from  the  nature  of  the  case  it  never  can.— HON.  MARK 
DOOLITTLK,  of  Massachusetts. 

ALLEGAN    COUNTY/ 

Some  good  accomplished,  notwithstanding  the  disagreement  of  the  court— Population— 
From  the  Allegan  Journal : — Turning  the  "  critter"  out  of  doors — Prosperity  of  the  county. 

ALLEGAN  CITY. — Population — From  Miss  ANNE  B.  HENDERSON  : — Period  of  enforcement — 
Public  health — Trade — The  Sabbath — Attendance  at  church — Licenses  abolished — 
Population  increased — The  Otsego  women  vindicated. — From  Mrs.  SINCLAIR  NICHOLS  : 
—Public  health— Reclaimed  from  intemperance— Trade— The  Sabbath— Attendance  at 
church — Public  opinion. 

OTSEGO.— Population— From  G.  S.  WHTTEMAW,  Esq. :— Horrible  effects  of  drinking— The 
women  enforcing  the  law — The  rum-dealers  violating  their  pledge. 

1.  NOTWITHSTANDING  the  disagreement  of  the  courts,  good 
has  been  accomplished  in  Allegan  County ;  and  where  the  offi- 
cers of  the  law  have  neglected  their  duty,  the  far  more  potent 
aid  of  woman  has  been  enlisted,  and  prohibition  secured. 

2.  Population  5,125. 

From  the  Allegan  Journal. 

3.  TURNING  THE  "CRITTER"  OUT  OF  DOORS. — It  is  a  source  of  no  small 
gratification  to  us  to  notice  that  our  hosts  of  the  "  Exchange"  and  "  Alle- 
gan House"  have  turned  the  "  critter9'  out  of  doors,  notwithstanding  the 
example  of  their  brother  landlords  of  Kalamazoo,  and  other  places,  who,  it 
is  said,  have  resumed  the  sale  of  liquor  on  constitutional  grounds. 

4.  PROSPERITY  OF  THE  COUNTY. — By  the  way,  the  improvement,  above 
referred  to,  is  suggestive  of  the  general  and  increasing  prosperity  of  our 
county.    Every  day  brings  additions  to  our  population,  while  the  covered 
wagon  of  the  immigrant,  preceded  by  the  patriarch  of  the  family,  with  his 
rifle  on  his  shoulder,  and  followed  by  his  drove  of  young  stock,  has  become 
a  sight  so  common  in  our  streets  as  to  excite  no  remark.    Having  business 
to  transact  at  our  county  offices  a  day  or  two  since,  we  found  the  throng 
of  strangers  looking  up  titles,  paying  taxes,  and  examining  the  maps,  so 
dense,  that  we  were  obliged  to  give  it  up.     That  "  good  time  has  come !" 

November,  1854. 

ALLEGAN    CITY. 

5.  Population  in  1850,  752  ;  in  1855,  2,000. 

261 


CHAP.  II.]  RESULTS  OF  PROHIBITION  [SEC.  6-18. 


From  Miss  ANNE  B.  HENDERSON,  Teacher. 

6.  PERIOD  OF  ENFORCEMENT. — Since  December  1st,  1853.     It  has  been 
enforced  in  this  town,  although  it  has  been  declared  a  dead  letter  in  the  State 
of  Michigan. 

7.  PUBLIC  HEALTH. — The  health  of  this  locality  has  improved. 

8.  TRADE. — The  legitimate  home  trade  has  greatly  increased  owing  to  the 
Maine  Liquor  Law. 

9.  THE  SABBATH. — The  observance  of  the  Sabbath  has  also  greatly  in- 
creased ;  for  those  who  used  to  frequent  the  tavern  and  the  groggeries  may 
now  be  seen  attending  the  house  of  worship. 

10.  ATTENDANCE  AT  CHURCH. — The  attendance  at  church  has  been  in- 
creased without  doubt. 

11.  LICENSES  ABOLISHED. — I  have  lived  in  Allegan  fourteen  years,  and 
I  do  not  remember  when  there  was  a  license  to  sell  liquor  in  the  town. 
There  are  two  taverns,  but  no  liquor  is  now  sold  at  them,  and  there  are  no 
groceries  in  which  liquor  is  sold  by  the  glass  or  quantity.     If  there  be  any 
sold  it  is  smuggled. 

12.  POPULATION  INCREASED   BY   THE   MAINE   LIQUOR   LAW.  —  This 
year  the  population  of  Allegan  has  nearly  doubled,  from  1,000  to  2,000.     I 
understand  emigrants  are  coming  in  every  week,  and  about  every  day  the 
emigrant  wagon  may  be  seen  going  past,  and  I  may  truly  say  it  is  owing  to 
the  Maine  Liquor  Law.    It  is  this  which  brings  the  emigrants  here,  for  many 
are  heard  to  say,  "  Your  Maine  Liquor  Law  brought  me  here." 

13.  THE  OTSEGO  WOMEN  VINDICATED. — This  evening  I  attended  a  meet- 
ing in  Allegan  in  vindication  of  the  course  taken  by  the  women  of  our  ad- 
joining town,  Otsego.     A  president,  secretary,  and  committee  of  three  were 
appointed  to  present  resolutions.     The  Hon.  Judge  BOOTH  said  the  women 
of  Otsego  had  adopted  a  declaration  of  rights,  in  which  they  stated  that 
they  will  continue  to  work  for  the  cause  of  temperance  till  the  traffic  in 
liquor  is  suppressed. 

December  20,  1854. 

From  Mrs.  E.  SINCLAIR  NICHOLS,  Presbyterian.    Engaged  in  training  and  educating  the 
rising  generation. 

14.  PUBLIC  HEALTH. — The  health  of  the  community  in  relation  to  fever, 
insanity,  etc.,  has  improved  in  a  remarkable  degree. 

15.  RECLAIMED  FROM  INTEMPERANCE. — Three  or  four  persons  have 
been  reclaimed  from  intemperance  to  my  personal  knowledge. 

16.  TRADE. — The  legitimate  home  trade  of  the  town  has  increased. 

17.  THE  SABBATH. — To  all  appearance  the  observance  of  the  Sabbath 
has  also  increased. 

18.  THE  ATTENDANCE  AT  CHURCH. — The  attendance  at  our  church  has 
been  increased  to  a  remarkable  degree,  in  consequence  of  the  taverns  and 
groggeries  having  lost  their  attractions. 

19.  PUBLIC  OPINION. — All  our  respectable  citizens  arc  iiv favor  of  the  law. 
262 


CHAP.  II.]  IN  MICHIGAN.  [SEc.  19-22. 

OTSEGO. 

20.  Population  818. 

From  G.  S.  WHITKMAK,  Esq. 

21.  HORRIBLE  EFFECTS  OF  DRINKING. — Otsego  has  been  noted  for  drunk- 
enness for  many  years  past.     One  year  only  has  elapsed  since  one  man  be- 
came so  much  intoxicated  that  he  fell  into  the  fire — no  one  being  in  the  room 
at  the  time — consequently  he  became  literally  roasted  before  he  was  discov- 
ered. 

22.  THE  WOMEN  ENFORCING  THE  LAW. — Notwithstanding  the  above 
horrible  death,  those  rumsellers  continued  their  hellish  traffic  up  to  the  pres- 
ent time,  when  the  women  of  this  place,  fired  up  with  holy  indignation, 
arose  in  their  strength,  with  a  fixed  determination  to  dam  up  those  streams 
of  liquid  fire  that  have  so  much  cursed  the  inhabitants  of  our  village.   Some 
of  the  women  who  have  taken  the  foremost  ranks  in  the  glorious  battle 
with  rumsellers,  are  wivef  and  mothers  who  are  so  unfortunate  as  to  have 
drunken  husbands ;  and  these  objects  of  pity  have  frequently  plead  with 
tears  in  their  eyes,  with  rumsellers,  to  desist  from  selling  liquor ;  but  their 
bitter  lamentations  were  unheeded.     As  these  pleas  were  unavailing,  they 
thought  they  would  try  what  virtue  there  was  in  edged  tools.     On  the  12th 
of  December,  about  eight  o'clock,  p.  M.,  the  husband  of  one  of  these  women 
came  home  drunk,  and  the  sorrow-stricken  wife  unbosomed  her  determina- 
tions to  one  of  her  neighbors,  asking  a  young  lad  to  go  down  town  and  ask 
for  protection  from  personal  harm,  and  she  would  do  the  work.    Respectable 
and  influential  men  readily  complied  with  her  request.     She  proceeded  to 
the  battle-field  in  company  with  another  lady  who  has  a  drunken  husband, 
and  the  men  who  volunteered.    They  entered  one  of  the  rum-holes  with  axes 
in  hand ;  they  plied  their  axes  to  the  liquor  barrels,  which  emptied  them  of 
their  contents.     The  fire-poker  was  then  called  into  battle,  which  caused  a 
collision  with  the  bottles  in  the  bar,  and  resulted  in  a  perfect  smash  up. 
They  then  proceeded  to  another  establishment  of  wretchedness,  but  emptied 
no  casks  that  night.     The  next  night  all  the  respectable  women  of  the  place 
met  for  consultation,  and  passed  resolutions,  some  of  which  were  to  be  car- 
ried into  effect  the  next  day.     One  was,  that  they  would  march  in  company 
to  every  grog-hole  in  the  place,  and  present  a  pledge  to  every  rumseller  to 
sign,  promising  that  they  would  sell  no  more  liquor  in  six  months,  and  if 
they  refused  to  sign  the  pledge,  that  they  would  share  the  same  fate  of  their 
comrade  the  night  previous.     This  noble-hearted  band  of  women  formed  in 
procession  about  eight  o'clock,  A.M.,  on  the  14th,  in  connection  with  the 
men  that  had  pledged  them  protection,  and  marched  to  the  rum-shops.    One 
rumseller  saw  them  coming.     He  quailed  before  them,  and  locked  himself 
up  in  his  shop.    They  asked  for  admittance,  but  were  refused.    He  was  then 
told  all  they  asked  of  him  was  to  sign  the  pledge — telling  him  what  the 
pledge  was  —but  he  refused  to  open  the  door.    One  of  the  women  who  was 

263 


CHAP.  III.]  RESULTS  OF  PROHIBITION  [SKC.  1. 

successful  in  opening  whisky  barrels  on  the  night  of  the  12th,  smashed  the 
door  in ;  he  saw  that  his  doom  was  sealed ;  he  cowered  down  like  a  whipped 
puppy,  and  readily  signed  the  pledge.  Others  signed  without  much  trouble. 
One  other  was  obstinate  (the  landlord) ;  he  was  determined  not  to  sign  the 
pledge.  During  the  time  they  were  delineating  to  him  his  destiny  if  hfe  re- 
mained incorrigible,  the  merchant  in  the  hardware  store  sent  them  a  good 
supply  of  hatchets.  They  then  gave  him  five  minutes  to  make  up  his  mind ; 
the  result  was,  he  signed  the  pledge.  Now  they  have  a  promise  from  every 
runiseller  in  Otsego  that  they  will  sell  no  more  liquor  for  six  months,  giving 
them  plainly  to  understand,  if  they  forfeit  their  word,  destruction  awaits  the 
contents  of  their  rum-shops.  On  the  night  of  the  15th,  the  gentlemen  formed 
into  an  association,  pledging  their  honor  and  their  property  to  sustain  the 
women  in  the  position  they  have  taken.  Notwithstanding  Judge  PRATT  has 
pronounced  the  Maine  Law  unconstitutional,  we  have  a  prohibitory  law 
which  is  to  live  six  months.  The  above  is  true  to  the  letter.  None  but  the 
most  respectable  women  were  associated  with  thjs  company ;  some  of  them 
are  in  good  standing  in  Christian  churches.  Success  to  the  reformers. 
December  17, 1854.* 

23.  The  Kalamazoo  Gazette  of  December  22d,  after  giving  a 
similar  account  to  the  above,  says  : 

The  rum-dealers  having  disregarded  their  pledge,  the  ladies  of  the  village 
turned  out  en  masse,  and  visited  every  grog-hole  in  town,  destroying  their 
liquors  wherever  they  could  be  found.  With  Judge  PRATT  we  say,  "  God 
bless  the  ladies,  they  have  done  a  glorious  work."  They  have  all  the  good 
men  of  community  on  their  side 


The  frteixls  of  temperance  thought  to  accomplish  their  end  by  moral  suasion,  backed  by  powerful  and 
well-directed  arguments,  showing  the  wickedness  of  the  practice  of  rum-selling  and  rum-drinking.  That 
to  convince  the  seller  of  his  wrong-doing  would  be  sufficient  to  induce  him  to  discontinue  the  practice  and 
throw  up  bis  wicked  business.  But  here  the  philanthropist  found  to  hia  great  disappointment  and  mortl 
fication,  that  BO  long  as  many  of  the  Innkeepers  could  make  gain  out  of  the  traffic,  they  preferred  that  to 
the  improved  condition  of  their  fellow-men.— NATHAN  POWER,  of  Farmmgton,  Mich. 

KALAMAZOO    COUNTY 

Maine  Liquor  Law  experience  in  Kalamazoo  County— Population— From  ELI  P.  MILLKK, 
Esq. : — The  two  legislatures  compared— Operation  of  the  former  law. 

1.  THE  experience  during  the  enforcement  of  the  law  in  this 
county  was  evidently  equal  to  that  of  any  other  Maine  Liquor 

*  From  the  Woman's  Temperance  Paper. 

264 


CHAP.  IV.]  IN  MICHIGAN.  [SEC.  1. 

Law  State  or  county.  The  following  contribution  affords  an  in- 
telligent view  of  the  state  of  the  Maine  Liquor  Law  movement 
in  Kalamazoo  County,  and,  indeed,  of  the  State  generally. 

2.  Population  38,331. 

From  ELI  E.  MILLER,  Esq.,  of  Kichland. 

3.  THE  Two  LEGISLATURES  COMPARED. — Our  present  Legislature  is  com- 
posed of  very  different  men  from  the  last ;  and  while  that  body  were  con- 
strained by  the  voice  of  the  people  to  enact  a  prohibitory  law  contrary  to 
the  wishes  and  political  hopes  of  a  majority  of  its  members,  and  in  passing 
such  law  succeeded  in  introducing  a  feature  of  doubtful  constitutionality, 
tjiis  body,  on  the  contrary,  have  a  working  majority  of  true-hearted  tem- 
perance men,  whose  sole  object  in  making  a  law  upon  this  subject  has  been 
to  secure  the  passage  of  an  act  that  will  suppress  effectually  the  manufac- 
ture and  sale  of  intoxicating  liquor.     Such,  we  trust,  will  be  the  practical 
operation  of  the  law  recently  enacted  by  the  Legislature  of  this  State. 

4.  OPERATION  or  THE  FORMER  LAW. — I  am  able  to  state  from  personal 
observation,  that  the  operation  of  our  former  law,  during  the  brief  period 
of  its  practical  existence,  was  salutary  in  the  highest  degree,  holding  in 
check,  in  city,  village,  and  hamlet,  the  monster  intemperance,  as  no  amount 
of  moral  suasion  has  ever  been  able  to*  do.     What,  then,  may  we  not  hope 
to  witness  of  its  results  when  it  shall  become  the  settled  and  acknowledged 
law  of  the  land  ? 

February  1, 1855. 


The  world  has  raised  its  voice  against  the  indiscriminate  traffic  in  wines  and  spirits,  and  it  seems  to  ma 
that  if  health,  morals,  usefulness,  and  respectability  are  worthy  of  public  consideration,  and  merit  protec- 
tion from  an  insidious  foe,  the  Legislature  would  be  criminally  guilty  in  wholly  disregarding  a  matter  of 
such  obvious  importance. — HON.  MR.  DAVIS,  Supreme  Court,  Mass. 

LIVINGSTON   COUNTY. 

The  women  executing  the  Maine  Liquor  Law— Population. 

HOWELL. — Population — From  the  Livingston  Courier  /—Maine  Liquor  Law  etiquette. 
PINOKNEY. — Population — From  the   Woma/rts   Temperance  Paper: — The  influence  of 
woman  at  elections. 

1 .  THE  women  of  Livingston  County,  like  their  sisters  in 
Allegan  County,  have  taken  upon  themselves  the  execution  of 
the  law.  The  officers  of  justice  who  have  neglected  their  duty 

12  205 


CHAP.  IV.]  RESULTS  OP  PROHIBITION  [SEC.  2-4. 


ought  to  be  made  ashamed  of  their  conduct  in  thus  leaving  to 
respectable  females  the  rough  work  of  seizing  and  destroying 
contraband  liquor.  Although  the  "  due  forms  of  laws"  have  not 
been  observed  in  these  cases,  we  do  not  doubt  but  as  the  spirit 
of  the  law  was  adhered  to,  the  women  will  be  sustained.  Cer- 
tainly no  men  would  allow  them  to  bear  any  legal  expenses  that 
may  arise  out  of  the  proceedings. 

2.  Population  13,485. 

HOWELL. 

3.  Population  1,155. 

From  the  Livingston  Courier. 

4.  MAINE  LIQUOR  LAW  ETIQUETTE. — Our  usually  quiet  and  orderly 
little  village  was  the  scene  of  unusual  excitement  on  Saturday  last,  produced 
by  "  a  morning  call"  which  certain  of  the  ladies  of  Howell  saw  fit  to  make 
upon  one  of  the  liquor-sellers  of  this  place.  It  seems  that  the  husband  of 
one  of  the  ladies  of  our  village,  who  was  formerly  a  very  hard  drinker — at 
times  a  confirmed  sot,  abusive  to  his  family,  and  an  object  of  regret  to  all 
his  friends  and  acquaintances,  but  who,  when  sober,  is  a  man  of  talents  and 
respectability — has  been  trying  for  a  few  months  past  to  reform.  He  had 
stood  firm  for  some  time,  but  one  day,  or  rather  night,  last  week,  he  went 
home  intoxicated.  It  is  affirmed  that  he  was  urged,  and  especially  enticed 
to  drink,  at  first  under  the  specious  plea  that  he  needed  a  little  for  his 
health,  at  the  grocery  where  the  "  call"  above  mentioned  was  made.  At  any 
rate  the  story  was  credited,  and  it  aroused  a  feeling  of  indignation  which 
has  resulted  in  the  act  which  we  are  about  to  describe.  A  meeting  of  ladies 
was  convened,  and,  after  deliberation,  and  being  assured  by  the  wife  of  the 
individual  referred  to  that  no  amount  of  remonstrance  or  entreaty  would  be 
likely  to  have  any  effect,  as  she  had  repeatedly  begged  and  entreated  the 
grocery  man  not  to  let  her  husband  have  liquor,  it  was  resolved  to  proceed 
at  once  to  the  grocery  and  execute  summary  vengeance,  by  pouring  the  liquor 
into  the  street.  Well,  no  sooner  said  than  done.  "  Armed  to  the  teeth," 
with  implements  more  potent,  as  the  sequel  will  show,  than  smiles  and 
blandishment,  they  marched  in  solid  phalanx,  upward  of  thirty  strong, 
straight  to  the  grocery.  It  seems  that  Sam,  not  the  "  Sam,"  of  whom  every 
body  has  heard  and  not  a  few  have  seen,  but  our  good-natured,  fat  Sam,  the 
liquor- seller,  had  got  wind  of  the  meeting,  and  was  rather  expecting  "  a 
call,"  but  a  very  different  one  from  what  he  received.  The  ladies  walked 
in,  headed  by  her  whose  injuries  they  had  resolved  to  redress.  They  were 
politely  received  by  Sam.  The  understrappers  and  customers  stood  back, 
and  all  was  still  and  silent  as  the  battle-field  of  New  Orleans  when  the 
British  army  was  marching  up  to  those  famous  breast- works  of  cotton.  One 
of  the  number  stepped  upon  a  bench,  and  in  a  clear,  firm  voice  read  the  res- 
266 


CHAP.  IV.l  IN  MICHIGAN.  [Sac.  5,  6. 

olutions  which  had  been  adopted — Sam  all  the  while  listening  most  atten- 
tively, expecting  and  prepared  for  a  "war  of  words."  But  alas!  for  Sam, 
"  deeds  not  words"  was  the  order  of  the  day.  "  Now  go  to  work,"  was  the 
order  given ;  and  never  was  order  obeyed  with  more  alacrity,  not  even  the 
world-famous  one  of  Wellington  at  Waterloo,  "  Up,  guards,  and  at  them!" 
Hatchets  and  hammers,  until  then  concealed  beneath  the  ample  folds  of 
shawls  and  cloaks  were  instantly  brought  into  requisition,  and  smash,  smash, 
smash — in  went  the  head  of  cask  after  cask,  and  away  went  the  liquor. 
Sam  was  taken  completely  by  surprise,  but  he  saw  at  once  that  "  discretion 
was  the  better  part  of  valor" — that  resistance  would  be  in  vain.  He  knew 
enough  of  woman  to  know  that  when  "  she  will,  she  will,  you  may  depend 
on  it."  He  is  too  much  of  a  gentleman  to  strike  a  lady.  And  so,  although 
he  couldn't  help  swearing  some — how  could  he  ? — when  the  liquor  was  all 
going  to  the  d — 1 — he  offered  no  violent  resistance,  and  the  work  of  demoli- 
tion went  rapidly  on.  Never  before,  in  Howell,  within  the  memory  of  the 
oldest  inhabitant,  has  there  been  such  a  time — such  a  "  mingling  of  spirits" 
— such  a  "fall  of  whisky" — such  a  "brandy  smash" — such  a  "flow  of 
spirits" — such  an  exposure  to  the  light  of  day  of  the  logwood  and  drugs 
found  inside  of  the  brandy  casks.  Not  a  cask,  jug,  or  bottle  was  spared. 
Indeed,  Sam  was  completely  cleaned  out  When  their  work  was  done,  the 
ladies  retired,  amid  the  cheers  of  some  and  the  hisses  of  others,  but  quietly 
and  unmolested.  They  subsequently  dispatched  a  committee  of  their  num- 
ber to  the  other  liquor-sellers  in  the  village,  requesting  and  urging  them  to 
desist  from  further  "  traffic  in  intoxicating  drinks  as  a  beverage,"  and  po- 
litely intimating  that  in  the  matter  of  such  "  calls,"  they  show  no  respect 
for  persons.  We^are  no  advocates  for,  nor  apologists  of,  Lynch  law;  and  as 
the  matter  is  likely  to  undergo  judicial  investigation,  we  forbear  all  com- 
.  ment.  The  ladies  connected  in  the  transaction  are  among  the  most  respect- 
able in  the  village. 
March  13, 1854. 

PINCKNEY. 

5.  Population  500. 

From  the  Woman's  Temperance  Paper. 

6.  THE  INFLUENCE  OF  WOMEN  AT  ELECTIONS. — There  are  many  true 
women  in  Michigan  ;  they  are  active  in  some  places,  and  have  the  cause  at 
heart.     Two  young  ladies  of  Pinckney  (and,  by-the-by,  they  are  handsome 
and  the  first  in  the  village)  went  to  the  polls  on  election  day  and  handed 
over  temperance  tickets  to  every  one  that  could  be  induced  to  deposit  them. 
They  even  went  after  a  rumseller,  one  lady  taking  hold  of  one  arm,  and  the 
other  guarding  him  on  the  other  side ;  in  this  manner  they  walked  him  to 
the  ballot-box,  and  he,  as  a  matter  of  course,  deposited  his  vote  for  no  rum. 

January  1, 1855. 


267 


CHAP.  V.]  RESULTS  OP  PROHIBITION  [SEC.  1-9. 


fiiu. 

The  right  of  the  Legislature  of  any  State  to  allow  its  citizens  to  trade  in  ardent  spirits  may  well  be  ques- 
tioned. To  do  so  is,  in  my  view,  morally  wrong.  If  the  Legislature  of  a  State  permits  by  law  a  traffic 
which  produces  poverty,  with  all  its  sufferings  ;  which  corrupts  the  morals  and  destroys  the  health  and 
lives  of  thousands  in  the  community,  they  defeat  the  great  and  important  end  for  which  government  was 
established.— HON.  GKOBOK  SULLIVAN,  of  N.  H. 

OAKLAND    COUNTY. 

Historical  interest  of  the  county— Population. 

FARMINGTON. — Population — From  NATHAN  POWER  : — Period  of  enforcement — A  marked 

change — Crime — Public    opinion — Personal   experience — Returned    to   old    habits — A 

victim. 

1.  OAKLAND  COUNTY  has  its  historical  interest  in  relation 
to  this  question' of  removing  temptation  to  intemperance  by  legal 
enactments,  as  will  be  seen  in  the  following  statement. 

2.  Population  31,270. 

FARMINGTON. 

3.  Population  1,844. 

From  NATHAN  POWEE,  Farmer,  member  of  the  Orthodox  Society  of  Friends  for  forty- 
three  years. 

4.  PERIOD  or  ENFORCEMENT. — The  act  of  1853  was  in  operation  about 
two  months. 

5.  A  MARKED  CHANGE. — A  marked  change  for  the  better  was  apparent 
in  all  directions,  and  among  the  lovers  of  rum  in  particular.     They  did  not 
return  home  from  our  village  near  as  smart,  nor  stay  as  long  as  when  under 
the  old  law  of  free  trade  in  alcohol. 

6.  CRIME. — Crime  was  evidently  on  the  decline  during  the  observance 
of  the  law. 

7.  PUBLIC  OPINION. — It  can  be  said  in  truth  that  nearly  all  respectable 
persons  of  the  different  religious  professions  and  of  the  political  parties  are 
of  one  mind  and  of  one  sentiment  as  to  the  law.     Let"  it  go  into  operation, 
be  sustained,  and  work  out  its  legitimate  result,  which  will  be  to  prevent 
crime  of  nearly  every  grade,  and  extreme  pauperism  in  the  country  need 
hardly  be  known. 

8.  PERSONAL  EXPERIENCE. — I  have  had  charge  of  pretty  extensive  farm- 
ing operations  for  thirty-three  years.     I  have  never  found  it  necessary  to 
procure  a  drop  of  ardent  spirits  to  be  used  as  a  beverage. 

9.  The  necessity  for  a  prohibitory  law  to  complete  the  reform- 

268 


CHAP.  V.]  IN   MICHIGAN.  [Sec.  10, 11. 

ation  of  the  intemperate  and  render  them  safe,  is  well  exempli- 
fied by  the  following  incidents  : 

10.  RETURNED  TO  OLD  HABITS. — Robert  had  been  a  man  of  intemperate 
habits  for  some  years,  but  in  the  process  of  time  was  induced,  through  pub- 
lic sentiment,  to  leave  off  his  cups.     He  become  a  sober  man,  and  joined  the 
Methodist  Church.     He  was  altogether  reformed,  and  gave  evidence  of  a 
Christian  experience.    The  friends  of  sobriety  would  point  the  opponents  of 
temperance  to  him  as  one  of  the  trophies  of  the  temperance  movement. 
Time  passed  on  for  several  years,  in  which  he  maintained  his  Christian 
character  and  integrity  as  a  worthy  man  in  the  community ;  but  after  this 
some  domestic  trouble  crossed  his  path,  and,  to  the  great  disappointment  of 
his  friends,  he  returned  to  his  old  habits  of  drinking.     He  persisted  in  it  for 
some  time ;  the  brethren  gathered  about  him,  and  after  much  labor  suc- 
ceeded in  staying  the  tide  of  dissipation  for  the  time. 

11.  A  VICTIM. — Benjamin,  an  old  acquaintance  of  mine,  had  been  sottish 
for  more  than  twenty  years.     He  had,  as  the  saying  goes,  become  entirely 
used  up ;  but  in  his  wanderings,  after  twenty-four  years,  he  again  entered 
my  house  ;  he  looked  deplorable  indeed.     A  thought  crossed  my  mind  that 
something  might  be  done  for  him,  even  at  this  late  hour,  in  the  way  of  re- 
form.    A  proposition  was  made  to  employ  him  for  one  year,  on  condition  of 
total  abstinence.     He  readily  consented,  proved  trustworthy  and  faithful  to 
the  utmost  of  his  ability,  which  was  that  of  a  superior  mind.     He  remained 
over  one  year,  during  which  time  he  drank  nothing  that  would  intoxicate. 
Hope,  on  our  part  was  strong  that  he  would  remain  the  rest  of  his  life  a  re- 
formed and  reclaimed  man.     The  temperance  papers  were  read  through  the 
year.    My  sons  would  sometimes  express  doubts  as  to  the  truth  of  state- 
ments made  in  them.     Benjamin  would  always  defend  the  statements  made 
in  those  papers,  and  declared  that  the  truth  of  the  misery  and  suffering 
caused  fey  intemperance  had  never  been  told.     He  spoke  from  experience, 
and  knew  better  than  those  who  had  never  practiced  in  that  direction. 
Benjamin  was  pleased  with  himself,  and  often  spoke  of  the  gratification  he 
felt  in  being  so  long  a  sober  man.     We  all  had  strong  hopes  that  his  reform- 
ation would  be  permanent,  and  carry  him  through  life.     After  receiving 
the  dues  for  his  year's  work,  he  went  to  Detroit,  bought  a  suit  of  clothes, 
but  here  again  he  indulged  in  the  intoxicating  draught.     He  staid  a  few 
days  there,  and  then  went  into  an  adjoining  town  to  see  his  children  (he 
being  a  widower),  and  in  two  weeks  returned  to  our  house  with  his  best 
clothes  gone,  having  been  pawned  for  liquor  ;  his  looks  and  dejected  counte- 
nance beggared  all  description.     A  maiden  sister,  to  whom  he  was  much  at- 
tached, did  what  she  could  to  improve  his  forlorn  condition,  while  deep 
mortification  sat  upon  his  sad  feelings,  in  spite  of  all  that  could  be  said  to 
encourage  him  to  an  effort  toward  another  trial  of  abstinence.     In  about  a 
week  he  took  an  indirect  course,  and  found  himself  again  in  Detroit,  took  up 

269 


CHAP.  VL]  RESULTS  OF  PROHIBITION,  ETC.  [SEC.  1-5. 


his  inebriate  habit,  and  in  a  few  days  an  abused  constitution  failed  under  the 
old  treatment.  He  called  at  the  door  of  a  house,  asked  the  keeper  for  some- 
thing to  eat,  "\vhich  was  handed  to  him ;  he  held  it  in  his  hand,  looked  at  the 
cake,  stepped  a  few  yards  on  the  walk,  staggered  and  fell,  and  in  a  few  mo- 
ments expired.  The  coroner's  jury  returned  a  verdict  of  death  occasioned 
by  the  excessive  drinking  of  intoxicating  liquors.  The  body  was  placed  in 
a  rough  coffin,  with  his  boots  and  old  cap  on.  He  filled  a  drunkard's  grave 
in  "  the  Potter's  Field." 
March  31, 1855. 


er 

"  Satus  poptUi  suprema  lex."  All  laws  for  the  restraint  or  punishment  of  crime,  for  the  preservation  of  the 
public  peace,  health,  and  morals,  are,  from  their  very  nature,  of  primary  importance,  and  lie  at  the  founda- 
tion of  social  existence.  They  are  for  the  preservation  of  life  and  liberty,  and  necessarily  compel  all  laws 
on  subjects  of  secondary  importance  which  relate  only  to  property,  convenience,  or  luxury,  to  recede  wheu 
they  come  in  contact  or  collision.— JUDGE  GBIKK. 

ST.    CLAIR  COUNTY. 

Rigid  enforcement  of  the  law  in  St.  Clair  County— Population. 

PORT  HURON.— Population— From  the  Port  Huron  Commercial  .-—Convictions  under  the 

Maine  Liquor  Law. 
The  thirty-nine  other  counties  in  the  State. 

1 .  THE  enforcement  of  the  Prohibitory  Law  in  St.  Clair  County 
appears  to  have  been  rigid  and  in  earnest.     In  proportion  to  this 
enforcement  the  results  have  been  beneficial. 

2.  Population  10,420. 

PORT    HURON. 

3.  Population  2,302. 

From  the  Port  Huron  Commercial. 

4.  CONVICTIONS  UNDER  THE  MAINE  LIQUOR  LAW. — There  have  been 
sixteen  prosecutions  under  the  Prohibitory  Liquor  Law  in  this  village ;  three 
imprisonments,  and  $180  collected  as  fines. 

5.  There  are  thirty-nine  other  counties  in  this  large  but  thinly 
populated  State.     We  must  leave  these  to  be  judged  of  by  the 
statements  made  respecting  those  already  named. 
270 


RESULTS 

OF 

PROHIBITION    IN   RHODE   ISLAND. 


ajttr 


Magna  est  veritas  et  prcevalebit ;  -which,  in  ray  poor  knowledge  of  Latin,  I  translate  :  Magna,  the  Maine 
Law  ;  est,  is  ;  veritas,  true  ;  et,  and ;  proevalebit,  it  will  prevail.— REV.  DR.  TTNO,  New  York  City. 

STATEMENTS    RELATING    TO    THE    STATE. 

Rhode  Island  one  of  the  first  Maine  Liquor  Law  States — Population — From  Hon.  "W.  E. 
WATSON,  Secretary  of  State :— Period  of  enforcement— General  effects  of  the  law— State 
prisons,  alms-houses,  and  lunatic  asylums— the  Sabbath — Attendance  at  church— Public 
health  and  peace— Opposition  to  the  Maine  Liquor  Law— The  Maine  Liquor  Law  never 
recedes — No  attempt  at  repeal — Prohibition  of  imports. — From  Kev.  JOEL  MANN  : — De- 
cision of  Judge  CCKTIS — Amendment  of  the  law. 

1.  RHODE  ISLAND  has   been   among  the  first  of  the   Maine 
Liquor  Law  States.     It  has  struggled  hard  with  the  enemy  of 
human  progress  in  every  shape  and  form,  and,  although  the  vic- 
tory may  not  yet  be  complete,  its  achievements  as  a  State  are 
great,  and  deserve  more  space  than  we  are  able  to  devote  to 
them. 

2.  Population  147,545. 

From  Hon.  W.  E.  WATSON,  Secretary  of  State. 

3.  PERIOD  or  ENFORCEMENT. — Two  years  and  a  half. 

4.  GENERAL  EFFECT  OF  THE  LAW. — Its  effect  I  can  not  doubt  has  been 
greatly  to  diminish  crime,  pauperism,  insanity,  and  that  long  and  dark 
catalogue  of  evils,  moral,  social,  and  physical,  which  result  from  intemper- 
ance. 

5.  STATE  PRISONS,  ALMS-HOUSES,  AND  LUNATIC  ASYLUMS. — The  sta- 
tistics of  these  places  here,  as  well  as  everywhere  else,  show  conclusively 
that  a  very  large  proportion  of  the  inmates  of  those  abodes  of  misery  are 
the  sad  victims  of  the  intemperance  of  the  past — this  greatest  of  the  evils 
which  have  afflicted  our  country.    Whatever,  therefore,  operates  to  diminish 
intemperance,  must  necessarily  largely  and  efficiently  contribute  to  relieve 
society  from  its  terrible  consequences.     As  intemperance  diminishes,  the 

271 


CHAP.  L]  RESULTS  OP  PROHIBITION  [SEC.  6-11. 

number  of  State  offenses  decreases,  the  money,  worse  than  wasted  in  intox- 
icating drinks,  goes  to  purchase  the  necessaries  of  life ;  the  cases  of  abject 
poverty,  broken  constitutions,  ruined  reputations,  and  blasted  hopes,  in 
many  instances  the  immediate  exciting  causes  of  insanity  and  raving  mad- 
ness, are  proportionably  lessened.  The  moral  and  social  condition  of  the 
community  is  thus  improved  and  elevated,  and  individual  comfort  and  pub- 
lic prosperity  vastly  promoted.  Such  has  been  the  salutary  operation  of 
the  enforcement  of  the  Maine  Liquor  Law  in  this  State. 

6.  THE  SABBATH.— The  Sabbath  is  better  observed. 

7.  ATTENDANCE  AT  CHURCH. — The  attendance  upon  Divine  worship  is 
increased. 

.  8.  PUBLIC  HEALTH  AND  PEACE. — Its  fruits  have  been  good.  The  bless- 
ings of  health,  happiness,  and  peace ;  of  drunkards  redeemed  and  restored 
to  their  friends ;  of  scattered  families  reunited  and  made  happy ;  of  neigh- 
bors, riotous  and  disorderly,  made  quiet  and  peaceable,  which  all  flow  from 
the  enforcement  of  this  law,  would  seem  to  attest  the  sanctity  of  a  higher 
than  human  power,  and  demonstrate  its  accordance  with  natural  and  Divina 
laws. 

9.  OPPOSITION  TO  THE  MAINE  LIQUOR  LAW. — It  is  true  that  this  law 
has  had  to  contend  against  severe  and  various  opposition  in  this  State,  as  it 
has  done  and  must  do  everywhere.  It  has  had  to  combat  long  and  inveter- 
ate individual  habits,  and  old,  time-honored  customs.  It  has  had  to  en- 
counter the  heartless  avarice  of  those  who  were  engaged  in  the  liquor  traffic. 
It  has  had  to  work  its  way  through  all  the  formulas  and  technicalities  of  the 
old  imported  English  common-law,  and  all  the  delays,  quibbles,  and  subtiltiea 
of  those  whose  business  it  is  to  interpose  between  violated  law  and  merited 
punishment.  But  it  has  generally  triumphed,  and  its  course  is  now  onward, 
"  conquering  and  to  conquer." 

.0.  THE  MAINE  LIQUOR  LAW  NEVER  RECEDES  IN  PUBLIC  ESTIMA- 
TION.— There  is  a  remarkable  fact  which  stands  out  prominently  in  the  his- 
tory of  this  law  wherever  it  has  been  tried,  and  that  is,  IT  NEVER  RECEDES. 
Its  onward  course  has  ever  been  steady  and  sure.  It  holds  every  inch  of 
ground  it  gains  in  public  opinion,  and,  in  the  face  of  the  strongest  opposi- 
tion, it  works  its  way  quietly  but  calmly  to  general  adoption  and  final  ac- 
quiescence. This  fact  clearly  proves  that  its  appeal  to  the  moral  sense 
of  men  and  communities  is  irresistible.  The  general  feeling  of  respectable 
citizens  in  this  State  is  decidedly  favorable  to  the  law.  It  has  been  repeat- 
edly subjected  to  all  kinds  of  popular  tests,  and  has  always  commanded 
large  majorities  in  its  favor. 

11.  No  ATTEMPT  AT  REPEAL.— It  was  enacted  by  our  Legislature  in 
January,  1852,  by  a  decided  majority.  The  question  has  since  been  sub- 
mitted to  a  direct  vote  of  the  qualified  electors  of  the  State,  whether  this 
law  should  be  continued  or  not,  which  resulted  in  an  overwhelming  majority 
in  favor  of  its  continuance ;  and  in  the  two  legislatures  which  have  been 
272 


CHAP.H.]  IN  RHODE  ISLAND.  [SEC.  1-3. 


elected  since  its  passage,  there  have  been  such  large  majorities  favorable 
to  it  that  no  attempt,  even,  has  been  made  to  effect  its  repeal. 

12.  PROHIBITION  OF  IMPORTS. — I  believe  that  the  success  of  this  law  is 
destined  to  achieve  very  great  and  beneficial  results,  moral,  social,  and  po- 
litical, to  this  State,  and  to  all  other  States  which  shall  be  wise  enough  to 
adopt  it.     And  when  it  has  been  adopted  by,  and  done  its  good  work  in,  a 
large  majority  of  the  States  of  this  Union— as  I  believe  it  will  ultimately — 
its  friends  will  be  prepared  to  march  upon  the  Capitol  and  demand  of  Con- 
gress that  the  importation  of  all  wines  and  other  liquors,  whether  in  large 
or   small  packages,  shall  be  wholly  and  forever  prohibited.     When  this 
shall  have  been  accomplished — as  accomplished,  I  trust,  it  will  be — the 
last  fortress  of  the  worst  foe  to  individual  happiness  and  public  peace  in 
our  country  will  have  fallen. 

December  IS,  1854. 

From  Kev.  JOEL  MANN,  S.  Kingston. 

13.  DECISION  OF  JUDGE  CURTIS. — The  decision  of  Judge  CURTIS  ren- 
dered the  law  inoperative  last  year. 

14.  AMENDMENT  OF  THE  LAW. — The  new  temperance  Legislature,  last 
winter,  repealed  the  objectionable  section,  and  made  the  law  so  perfect  that 
even  the  ingenuity  of  lawyers  can  not  evade  it. 

January  2,  1855. 


tit 

It  being  admitted  that  the  use  of  this  article  is  destructive  to  health,  reputation,  and  property,  It  fol- 
lows, conclusively,  that  they  who  make  and  sell  it  sin  wilh  a  high  hand  against  God  and  the  highest  iu- 
terests  of  their  fellow-men. — HON.  CHIEF-JUSTICE  DAGOETT. 

NEWPORT    COUNTY. 

Newport  County  long  accustomed  to  prohibition— Population. 

JAMESTOWN.— Population— From  Kev.  GEO.  ANTHONY  :— Period  of  operation— Ten  years' 
experience — Consumption  of  liquor. 

1.  IT  appears  that   Newport  County  has  long   been   accus- 
tomed, in  some  parts  at  least,  to  prohibition,  and  was   conse- 
quently well  prepared  for  the  Prohibitory  Law. 

2.  Population  20,007. 

JAMESTOWN. 

3.  Population  358. 

273 


CHAP.  III.]  RESULTS  OF  PROHIBITION  [S-c.  1-0. 


From  Eev.  GEORGE  ANTHONY,  Episcopalian. 

4.  PERIOD  OF  OPERATION. — Twenty-two  months. 

5.  PROHIBITION  OF  TEN  YEARS'  EXPERIENCE. — Not  a  single  drop  of 
liquor  has  been  sold  in  this  town,  to  my  knowledge,  within  the  last  ten 
years.     There  is  no  place  where  it  is  sold. 

January  3, 1855. 


The  Maine  Law  may  be  expounded  in  two  sentences  :  The  traffic  in  liquor  is  a  public  crime.  The  crimo 
of  liquor-dealing  shall  be  subject  to  the  same  legal  process  as  other  public  crimes. — REV.  HKNKY  WARD 
BKECHER. 

PROVIDENCE    COUNTY. 

The  work  of  prohibition  accomplished  much  for  the  prosperity  of  the  people — Population 
— County  jail. 

PROVIDENCE  CITY.— Population— Statement  of  the  Mayor :— Penalties  of  the  old  laws  too 
light — Prevention  better  than  cure — The  greatest  good  to  the  greatest  number — The 
watch-house — Public  opinion— Butler's  Hospital.— From  Mr.  WM.  TKBB  : — General  re- 
sults— Crime — Groggeries  closed,  and  the  results — The  moral  influence  of  the  Maine 
Liquor  Law — No  riots  and  brawls — Public  feeling. 

1.  ALTHOUGH   not   complete,  the   good  work   in   Providence 
County  has  accomplished  much  that  will  tend  to  secure  pros- 
perity and  happiness  to  the  people. 

2.  Population  87,526. 
3.  COUNTY  JAIL  : 

Committals  from  July  19  to  October  19,  1851 161 

"    1852 99 

Difference  in  favor  of  the  law 62 

PROVIDENCE    CITY. 

4.  Population  in  1850,  41,513.     In  1853,  47,560. 

STATEMENT    OF    THE     MAYOR. 

5.  Soon  after  the  passage  of  the  Prohibitory  Law  in  Rhode 
Island,  H.  A.  C.  BARSTOW  was  elected  mayor  of  Providence, 
and  he  referred  to  the  law  as  follows  : 

6.  PENALTIES  OF  THE  OLD  LAWS  TOO  LIGHT. — At  the  last  session  of  our 
Legislature  a  law  was  passed  for  the  suppression  of  drinking  houses  and 

274 


CHAP.  IE.]  IN  RHODE  ISLAND.  [SKC.  7,  8. 


tippling  shops,  which  is  to  go  into  operation  on  the  third  Monday  of  July 
next  (1852).  Our  present  laws  prohibit  the  sale  of  spirituous  liquors  as  a 
beverage,  except  when  the  freemen  of  the  towns,  by  vote,  allow  their  town 
council  to  license  the  traffic ;  but  the  penalty  for  their  violation  is  so  light 
as  to  render  them  entirely  worthless  in  this  city  or  in  the  densely  popu- 
lated towns.  The  law  which  is  soon  to  go  into  operation,  contains  a  variety 
of  features  more  stringent  than  were  ever  embodied  in  any  former  legisla- 
tion upon  this  subject.  Heretofore  we  have  sought  to  regulate  this  traffic 
by  law,  now  we  seek  to  suppress  it.  It  is  believed  that  a  wise  and  firm  en- 
forcement of  this  law  will  soon  suppress  the  traffic  in  these  liquors  to  a  great 
extent,  and  thus  rid  our  city  of  much  of  the  alarming  amount  of  evil  result- 
ing therefrom. 

7.  PREVENTION  BETTER  THAN  CURE. — As  it  is  better,  and  in  the  expe- 
rience of  a  sister  State  (where  a  similar  law  is  in  operation)  cheaper,  to 
prevent  the  evils  resulting  from  this  traffic  than  to  punish  the  crimes  and 
alleviate  the  poverty  and  distress  occasioned  by  it,  I  shall  deem  it  my  duty 
to  see  that  this,  as  well  as  every  other  law,  is  justly  and  impartially  en- 
forced.    I  trust  that  those  who  have  been  engaged  in  this  traffic  will  deem 
it  a  matter  of  policy  and  duty  to  yield  a  quiet  submission  to  the  law,  and 
thus  save  the  magistrate  the  necessity  of  performing  a  disagreeable  duty. 
The  law  must  be  honored,  either  in  its  observance  or  in  the  infliction  of  its 
penal  sanctions.     Every  interest  of  society  demands  it ;  every  sentiment  of 
my  heart  approves  it.     I  deem  it  my  duty,  thus  early,  to  make  the  an- 
nouncement, that  all  may  have  timely  warning. 

8.  THE  GREATEST  GOOD  TO  THE  GREATEST  NUMBER. — The  execution 
of  this  law  may  seem  hard  and  oppressive  to  a  few  who  are  engaged  in  this 
traffic,  but  they  must  bear  in  mind  that  the  want  of  such  a  law  has  been 
esteemed  a  greater  hardship  by  a  multitude  who  either  directly  or  indirectly 
have  suffered  by  it.     Under  our  happy  government,  law  is  the  will  of  the 
people  constitutionally  expressed.      All  government  necessarily  abridges 
individual  liberty.     Living  in  a  state  of  nature,  a  man's  rights  may  be 
measured  by  his  might;  but  in  voluntarily  entering  a  state  of  society,  he 
agrees  to  unite  with  others  in  fixing  rules  for  the  government  of  the  whole. 
If  any  of  these  rules  in  their  operation  bear  with  undue  severity  upon  him- 
self, he  has  a  legal  remedy ;  or  if  in  their  just  execution  they  limit  or 
restrain  his  liberty  too  far,  to  suit  his  taste,  or  supposed  interests,  he  may 
choose  another  society  more  congenial  to  his  feelings.     If,  however,  he  con- 
tinues in  the  society,  he  is  bound,  as  a  good  citizen,  to  respect  its  rules  and 
bow  with  proper  submission  to  its  decrees.     Private  interest  must  yield 
when  the  public  good  requires  it ;  and  the  individual  who  resists  the  law  in 
any  other  than  a  constitutional  way,  on  the  ground  of  private  right,  com- 
mits treason  against  the  State,  shows  himself  unworthy  of  the  society  which 
has  hitherto  sheltered  and  protected  him,  and  as  a  transgressor  of  one  law, 
cuts  himself  off  from  all  claim  for  protection  under  any  other. 

275 


CHAP.  HI.]  RESULTS  OF  PROHIBITION  [SEC.  9-15. 

9.  These  were  the  opinions  of  the  mayor  prior  to  the  enforce- 
ment of  the  law.  After  it  had  been  in  operation  three  months, 
he  published  the  following  statistics,  showing  that  the  law  in  that 
short  time  had  made  a  reduction  of  nearly  60  per  cent,  in  month- 
ly committals. 

10.  THE  WATCH-HOUSE  : 

Committals  to  the  watch-house  for  drunkenness,  and  small 
assaults  growing  out  of  drunkenness,  from  July  19  to  Octo- 
ber 19,  1851 282 

Committals  to  the  watch-house  for  corresponding  months  of  1852  177 

Difference  in  favor  of  the  law 105 

11.  BUTLER'S  HOSPITAL. — The  number  of  insane  persons  in  this  hospital 
has  been  reduced  about  one  fifth. 

12.  PUBLIC  OPINION. — Our  law  is  well  sustained  by  the  people.     The 
leading  men  in  the  State  have  sustained  it,  some  from  policy,  but  I  have  no 
doubt  the  great  majority  from  principle.     We  feel  that  the  law  is  so  thor- 
oughly established  on  our  statute-book  that  no  party  or  combination  dare 
attempt  to  repeal  it.    Our  Legislature,  which  are  now  in  session  here,  are 
strongly  in  favor  of  it,  and  I  have  no  doubt  its  good  results  will  be  more  felt 
when  we  have  had  a  longer  trial  of  it. 

February  27,  1865.* 

From  Mr.  WILLIAM  TEBB,  late  of  Providence,  now  of  Blackstone,  Mass. 

13.  GENERAL  RESULTS. — The  results  of  the  Maine  Liquor  Law  in  this 
city  have  been  very  happy. 

14.  CRIME. — Notwithstanding  the  want  of  vigilance  on  the  part  of  the 
authorities  to  enforce  a  strict  observance  of  the  law,  and  the  continuous 
efforts  made  by  individuals  interested  in  the  sale  of  liquors  to  put  it  down,  and 
to  turn  out  from  their  pestilential  pandemoniums  men  beastly  drunk,  as  a 
living  testimony  that  the  law  is  violated,  yet  it  is  a  fixed  and  established 
fact,  proved  from  the  police  reports  and  citizen  testimony,  that  there  is  less 
crime,  more  public  order,  and  the  number  of  debauchees  retained  in  "  du- 
rance vile"  for  disobeying  laws  human  and  divine,  is  sensibly  diminished. 

15.  GROGGERIES  CLOSED,  AND  THE  RESULTS. — In  one  district  in  this 
city,  on  the  west  side,  from  the  bridge  to  India  Point,  a  distance  of  about 
half  a  mile,  there  were,  previous  to  the  passage  of  the  Maine  Liquor  Law, 
two  hundred  groggeries,  from  the  gilded  saloon   and  painted  bar-room, 
where  men  could  get  "respectably  inebriated,"  to  the  garret  or  basement, 
noxious  with  filth,  and  reeking  with  the  strychnine — drugged   delirium 
fr^mens-producmg  distilled  poison,  vended  to  the  candidates  for  our  states 
prisons,  penitentiaries,  alms-houses,  and  gallows.     These  are  now  among 
"  the  things  that  were,"  and  no  one  fears  to  perambulate  the  district  by 

*  In  The  Maine  Law  Illustrated. 
27 G 


CHAP.  IV.]  IN   RHODE  ISLAND.  [Sec.  16-19 

night,  although  it  was  once  the  terror  of  the  peaceably  disposed  citizens. 
No  respectable  citizen  doubts  the  origin  of  this  improved  state  of  things. 

16.  In  another  district,  near  the  Woonasquatucket  Print  Works,  there 
stands  a  row  of  cottages,  whicff,  I  am  credibly  informed  by  residents,  three 
years  ago  were,  without  exception,  miserable  rum-holes,  where  the  hard- 
earned  gains  of  the  neighboring  mill-hands  were  spent,  to  the  occasion  of  an 
immense  amount  of  wretchedness,  poverty,  and  crime.     The  children  were 
neglected,  and  grew  up  in  squalid  misery  and  ignorance,  and  the  Sabbath 
was  desecrated  by  family  feuds,  dog-fights,  gambling,  and  all  manner  of 
abominations.     This  locality  is  now  comparatively  respectable.     A  Congre- 
gational church  has  been  built  in  the  neighborhood,  which  is  well  attended. 
A  Sabbath  school  has  been  organized,  and  the  ragged,  home-neglected  off- 
shoots of  crime  are  taught  the  great  truths  of  human  redemption  from  sin. 
The  teachers  have  informed  me  it  is  painful  to  witness  the  moral  destitution 
of  the  scholars,  compared  with  those  living  in  more  favored  districts ;  and 
more :  the  marks  of  rum-influence  stamped  upon  the  countenances  of  many, 
which  years  of  careful  training  under  opposite  influences  will  be  required  to 
eradicate. 

17.  THE  MORAL  INFLUENCE  OF  THE  MAINE  LIQUOR  LAW. — I  have  no 
hesitation  in  saying  that  this  city  owes  much  to  the  Maine  Liquor  Law.     It 
is  exerting  a  wholesome  influence,  not  only  on  our  own  people,  but  on  the 
citizens  of  other  States,  who,  on  visiting  Providence,  invariably  express  their 
high  admiration  of  its-morality,  temperance,  and  public  order. 

18.  No  RIOTS  AND  BRAWLS. — There  are  now  no  firemen's  riots,  and  fewer 
street  brawls  than  in  any  city  I  have  ever  seen  of  a  similar  population, 
either  in  England  or  in  the  United  States. 

19.  PUBLIC  FEELING. — The  general  feeling  of  our  citizens  is  often  ex- 
pressed in  the  exclamation,  "  God  be  thanked  for  the  Maine  Liquor  Law!" 

December  23,  1854. 


I  fully  believe  that  as  certain  as  is  the  establishment  of  Protestant  American  liberty  over  this  whole  con- 
tinent, so  certain  is  the  enactment  of  that  which  is  called  the  Maine  Law  by  a  free  people  for  the  protection 
of  the  rights,  privileges,  and  the  existence  of  their  community. — REV.  DR.  TYJJG,  New  York  City. 

WASHINGTON    COUNTY. 

Many  years  experience  in  prohibition— Population— From  Kev.  JOEL  MANN  :— The  county 

jail— Crime. 
KINGSTON— Population.— From  Kev.  JOEL  MANN  :— Extent  of  the  town— Former  character 

of  the  town— Long  experience  in  prohibition— Public  health— Reclaimed  from  intem- 

277 


CHAP.  IV.]  RESULTS  OF  PROHIBITION  [SEC.  M3. 

perance— Trade— The  Sabbath— The  church— Public  opinion— Prohibition  the  only  effec- 
tual remedy — The  Maine  Liquor  Law  a  paramount  support  to  temperance — The  two 
other  counties. 

1.  WASHINGTON    COUNTY,  like  Newport   County,  has   had 
many  years  experience  in  liquor  prohibition,  and  the  results  are 
most  gratifying. 

2.  Population  16,430. 

From  Kev.  JOEL  MANN,  South  Kingston. 

3.  THE  COUNTY  JAIL. — The  county  jail,  since  I  have  been  here,  has  been 
nearly  empty,  often  entirely  so — sometimes  one  prisoner,  sometimes  two.    It 
has  two  now. 

4.  CRIME. — Since  the  reform  above  described  has  taken  place,  the  decrease 
in  crime,  as  is  shown  by  the  jail  returns,  has  been  very  great  in  this  region. 

KINGSTON. 

5.  Population  of  township,  about  7,000. 

From  Kev.  JOEL  MANN,  Congregationalist,  South  Kingston. 

6.  EXTENT  OF  THE  TOWN. — This  town  is  about  eleven  miles  square,  em- 
bracing a  number  of  villages.     It  has  six  post-offices. 

7.  FORMER  CHARACTER  OF  THE  TOWN. — Formerly  this  town  was  noto- 
rious for  intemperance. 

8.  LONG  EXPERIENCE  IN  PROHIBITION. — In  this  township  the  sale  of  in- 
toxicating liquors  had  been  proscribed  and  prohibited  for  years  before  the 
enactment  of  what  is  called  the  Maine  Liqiior  Law.     With  great  unanimity, 
year  after  year,  the  town  had  refused  to  grant  licenses,  and  those  who  were 
known  to  sell  liquors  were  prosecuted  and  fined.    We  had,  therefore,  virtu- 
ally, a  prohibitory  law  before  it  was  enacted  in  Maine. 

9.  PUBLIC  HEALTH. — I  have  been  told  that  in  the  days  of  rum-drinking 
malignant  fevers  were  very  frequent  and  fatal ;  but  they  are  of  very  rare 
occurrence  now — scarcely  enough  to  keep  physicians  informed  of  the  manner 
of  treating  them.    I  have  no  recollection  of  a  case  of  bilious  or  typhoid  fever 
in  this  village  since  I  resided  here,  and  there  has  not  been  a  death  in  this 
village  since  a  year  ago  last  August — one  year  and  four  months. 

10.  RECLAIMED  FROM  INTEMPERANCE. — A  large  number  of  drunkards 
have  been  reclaimed  during  the  period  already  described. 

11.  TRADE. — There  has  been  a  great  increase  in  the  manufacturing  in- 
terests, and  great  improvement  in  husbandry,  in  buildings,  and  every  thing 
indicating  prosperity  within  the  last  seven  years.     Five  new  factories  have 
been  erected,  and  others  enlarged. 

12.  THE  SABBATH.— The  observance  of  the  Sabbath  has  greatly  increased 
in  the  same  period.     We  need  further  improvement  in  this  respect. 

13.  THE  CHURCH. — The  temperance  reformation   commenced  in  real 
278 


CHAP.  IV.]  IN  RHODE  ISLAND.  [SEC.  14-17. 


earnest  fifteen  or  twenty  years  ago,  and  it  has  been  an  efficient  helper  in 
the  cause  ever  since. 

14.  PUBLIC  OPINION. — There  is  general  approval  of  the  Maine  Liquor 
Law  here.     If  respectable  citizens  do  not  approve  of  the  reformation  they 
are  wise  enough  to  keep  silent.    No  one  dares  to  open  a  place  for  rum-selling 
or  be  known  in  the  business  any  way. 

15.  PROHIBITION  THE  ONLY  EFFECTUAL  REMEDY. — More  than  twenty 
years  ago  I  took  the  position,  in  an  address  before  the  Westchester  County 
Temperance  Society,  that  a  strict  prohibition  under  heavy  penalties  was  the 
only  effectual  remedy  for  the  mighty  evil  of  rum-selling  and  rum-drinking. 
This  has  been  my  doctrine  in  other  addresses  since,  where  I  have  resided.     I 
have  regarded  most  of  the  legislative  enactments  restricting,  curtailing,  and 
regulating  the  sale  of  spirituous  liquors  as  mere  efforts  to  stave  off  the  main 
question  and  quiet  the  people,  when  it  must  have  been  known  that  it  would 
accomplish  nothing  for  the  eradication  of  the  evil.     It  is  a  subject  for  devout 
thanksgiving  that  the  people  at  last  see  what  is  the  real  and  only  remedy  for 
one  of  the  most  terrible  evils  which  has  afflicted  mankind,  and  are  deter- 
mined to  have  it ;  and  that  the  time  has  come  for  legislative  tinkering  on 
this  subject  to  cease.     A  strictly  prohibitory  law,  boldly  maintained  and 
faithfully  executed,  is  the  only  remedy. 

16.  THE  MAINE  LIQUOR  LAW  A  PERMANENT  SUPPORT  TO  TEMPER- 
ANCE.— Although  the  work  in  this  town  was  in  a  great  measure  completed 
long  before  the  Prohibitory  Law  was  enacted,  that  law  helps  us  to  hold 
what  we  had  gained.     The  reformation  would  have  been  completed  much 
sooner  if  neighboring  towns  and  a  neighboring  State  had  not  counteracted 
the  efforts  made  for  universal  temperance  by  furnishing  the  poison  to  those 
who  were  determined  to  have  it. 

January  2, 1855. 

17.  There  are  two  other  counties,  Bristol  and  Kent,  with  a 
population  respectively  of  8,514  and  15,068,  from  which  we  do 
not  happen  to  have  yet  received  information.  We  presume  the 
law  is  equally  effective  there  as  in  the  counties  from  which  re- 
turns have  been  received. 

279 


K  E  S  U  L  T  S 

OF 

PROHIBITION  IN  VERMONT. 


I  am  satisfied  that  a  direct  temperance  Issue  throughout  the  State  would  give  a  two-thirds  vote  In  favor 
of  prohibition.— HON.  ZIMRI  HOWE,  of  Castleton,  Vermont. 

STATEMENTS  RELATING  TO  THE  STATE  :— Advantages  of  prohibition  enjoyed  by  the  people 

of  Vermont — Population. 
STATEMENTS  OF  EX-GOVERNOR  EATON  :— Influence  of  the  law— Bitter  opposition— Opposi- 

sition  temporary— The  law  necessary  to  advancing  civilization— Party  politics  given  up 

for  temperance. 
STATEMENT  OF  MR.  J.  L.  ADAMS,  OF  BOTILINGTON  : — Power  required  to  enforce  the  law — No 

reaction. 

1.  SINCE  1852,  when  the  Prohibitory  Liquor  Law  was  enacted 
in  this  State,  temperance  and  its  attendant  blessings  have  been 
largely  enjoyed  by  the  people.     The  proximity  of  Vermont  to 
the  British  Provinces  and  to  States  where  liquor  could  be  ob- 
tained, has  considerably  diminished  the  advantages  which  would 
otherwise  have  arisen  ;  but  from  the  returns  we  have  received,  it 
is  evident  that  greater  health,  brisker  trade,  more  peaceable  and 
orderly  Sabbaths,  less  crime  and  litigation,  reclamations  from  in- 
temperance, the  naked  clothed,  the  hungry  fed,  the  slave  of  appe- 
tite set  free,  homes  made  happy  that  were  formerly  the  abodes 
of  misery,  and  numerous  other  fruits  of  prohibition,  are  among 
the  results  visible  in  the  State  of  Vermont. 

2.  Population  314,120. 

STATEMENTS    OF    EX-GOVERNOR    EATON. 

3.  INFLUENCE  OF  THE  LAW. — That  the  law  has  exerted  an  immense  influ- 
ence, and  accomplished  great  good,  is  as  plain  to  him  whose  eyes  are  not 
resolutely  closed  to  the  light  of  truth,  as  is  the  light  of  the  sun  to  him  who 
opens,  at  mid-day,  eyes  that  have  not  been  deadened  and  darkened  by  paraly- 
sis or  vailed  by  cataract. 

281 


CHAP.  I.]  RESULTS  OF  PROHIBITION  [SEC.  4-7 

4.  BITTER  OPPOSITION. — Yet,  on  the  other  hand,  I  would  not  overstate 
the  amount  of  what  the  law  has  actually  accomplished.     Enacted  as  it  was, 
and  executed  as  it  has  been,  in  defiance  of  the  strong  and  bitter  opposition 
of  a  portion  of  the  community,  no  one  would  suppose  that  in  the  short  space 
of  a  few  months  it  could  have  exerted  in  full  its  beneficent  influence.    And 
besides,  so  vast  is  the  magnitude  and  extent  of  the  evil  to  be  removed,  no 
reasonable  man  could  expect  to  see  the  whole  work  accomplished  in  a  single 
year,  even  under  the  most  favorable  auspices. 

5.  OPPOSITION  TEMPORARY. — I  have  remarked  that  the  law  was  passed 
in  the  face  of  opposition,  and  has  had  opposition  to  encounter  in  its  execu- 
tion.    But  this,  as  a  temporary  affair  at  least,  is  no  more  than  was  ex- 
pected here — no  more  than  was  expected  everywhere.     Any  barrier  or  hin- 
drance raised  in  the  way  of  a  profitable  traffic,  no  matter  how  pernicious 
and  unholy,  has  in  every  age  encountered  bitter  opposition,  and  been  met 
with  vigorous,  if  not,  indeed,  furious  and  lawless  efforts  to  break  it  down. 
And  even  those  who  manufacture  and  sell  that  liquid  poison,  which  works 
out  such  deadly  ruin  to  both  body  and  soul,  we  may  expect  will,  if  their 
employment  is  disturbed,  be  no  less  "  full  of  wrath,"  and  utter  their  cry 
of  remonstrance  in  no  less  angry  tones  than  did  those  who  made  silver 
shrines  for  the  Ephesian  goddess.     Indeed,  they  will  tell  us,  not  simply  as 
did  DEMETRIUS,  that  "  by  this  craft"  they  have  their  "  wealth,"  but  rather 
will  declare  that  their  very  "  living1'  depends  upon  it.     Yet,  granting  it 
true  that  they  could  live  in  no  other  way,  is  it  so  very  desirable  that  the 
race  of  those  thus  employed  should  be  perpetuated,  that  we  must  quietly 
endure  the  sore  evils  we   suffer  at   their   hands  ?     We  believe,  however, 
that  they  need  not  die  of  starvation,  though  they  should  change   their 
pursuit ;  that   the  employment  may  be  put  down  without  killing  off  the 
individuals  who  have  followed  it.      Indeed,  we  should  wish  they  might 
live,  to  repent  of  the  evil  they  have  done. 

6.  THE   LAW   NECESSARY   TO   ADVANCING    CIVILIZATION. — That    the 
adoption  of  regulations,  such  as  we   have   resorted   to,  is  the  point  to 
which  all   advancing   and  improving  society  is  steadily  tending,  I  have 
not  the  slightest  doubt.      And  hence,  "  to  this  complexion"  Pennsylva- 
nia, and  every  other  State  in  the  Union  "  must  come  at  last,"  if  they 
are  to  make  any  substantial  progress  toward  a  higher  and  more  perfect 
civilization. 

7.  PARTY  POLITICS  GIVEN  TJP  FOR  TEMPERANCE. — The  enactment  of 
the  Maine  Law  in  this  State  has  unquestionably,  as  a  primary  effect- 
though  for  the  future  I  fear  not — operated  to  the  prejudice  of  the  political 
party  to  which  I  must  admit  myself  still  attached.     But  I  rejoice  that  what 
has  been  lost  to  mere  party  has  nevertheless  been  more  than  gained  to  the 
wide  interest  of  humanity.     The  welfare  of  society,  indeed,  has  been  pro- 
moted on  a  broader  scale  of  beneficence  than  any  simple  political  organiza- 
tion could  aspire  to  reach.     And  hence,  neither  the  politician  nor  the 

282 


CHAP.  II. ]  IN  VERMONT.  [Sac.  1. 

philanthropist  has  any  occasion  to  deplore  the  result  of  this  prohibitory 
enactment. 
December  8, 1853.* 

STATEMENTS    OF    MR.    J.    L.    ADAMS,    OF    BURLINGTON. 

8.  POWER  REQUIRED  TO  ENFORCE  THE  LAW. — Five  energetic  men  can 
enforce  the  law  in  any  locality  in  our  State. 

9.  No  REACTION. — I  may  say  there  is  no  place  in  this  State  where  a 
reaction  has  taken  place  against  the  law,  and  there  is  no  danger  of  a  reac- 
tion against  the  law,  for  its  friends  are  gradually  increasing,  and  its  bene- 
ficial effects  are  becoming  generally  felt.     These  will  secure  its  enforce- 
ment. 

February  28,  1855.t 


Nearly  the  whole  civilized  world  now  concedes  that  the  traffic  in  intoxicating  liquors  is  a  crime  against 
society.  It  is  disproved  of  by  man,  and  stands  condemned  by  the  great  moral  Judge  of  the  universe,  whose 
purity  can  not  countenance  such  manifest  and  admitted  wrong.  It  is  an  inhuman  traffic,  a  moral  crime, 
that  grows  blacker  and  more  hideous  the  more  it  is  contemplated,  and  the  more  its  horrid  effects  become 
visible. — HON.  Mil.  BUBKK,  of  New  Hampshire. 

ADDISON    COUNTY. 

Absence  of  all  appearance  of  drunkenness— Population. 

ADDISON  CITY.— Population— From  Rev.  PALMEB  C.  HINNEY  :— Period  of  enforcement- 
Public  health Trade— The  Sabbath— Attendance  at  church— Public  opinion— Kept 

sober. 

BRISTOL. — Population — From  Eev.  STILLMAN  MORGAN  : — Period  of  enforcement — Crime 
— Litigations — Trade — Public  health — Reclaimed  from  intemperance — The  Sabbath — 
Public  opinion — Obtaining  rum  under  false  pretenses — Perfectly  sober — Absence  of 
drunkenness. 

1.  THE  absence  of  all  appearance  of  drunkenness  in  this 
county  is  a  striking  fact  in  this  interesting  history.  In  New 
York,  at  the  present  period  [March,  1855],  we  can  not  pass 
along  Broadway  at  any  time  of  the  day  or  night  without  meet- 
ing persons  who  can  not  keep  themselves  from  "  reeling  to  and 
fro"  upon  the  pavement.  But  here  in  Vermont  such  a  sight 
would  cause  very  considerable  consternation.  The  fact  that 

*  In  Journal  of  the  American  Temperance  Union. 
t  In  The  Maine  Law  Illustrated. 

283 


CHAP.  H.]  RESULTS  OF  PROHIBITION  [SEc.  2-20. 

every  person  found  drunk,  when  the  law  came  into  operation, 
was  taken  into  custody,  and  remanded  until  he  disclosed  of 
whom  he  obtained  the  liquor,  will  probably  account  for  this 
present  freedom  from  intemperance. 

2.  Population  26,569. 

ADDISON    CITY. 

3.  Population  1,279. 

From  Rev.  PALMEB  C.  HINNBT,  Baptist 
4.  PERIOD  OF  ENFORCEMENT. — Two  years. 

6.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  im- 
proved. 

6.  TRADE. — The  farmers  in  this  locality  thrive  now  at  railroad  speed. 

7.  THE  SABBATH. — Sabbath  observance  is  increasing. 

8.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  is  one 
fourth  more  than  before  the  law  went  into  operation. 

9.  PUBLIC  OPINION. — All  respectable  citizens  are  in  favor  of  the  law. 

10.  KEPT  SOBER. — A  son,  within  my  limited  observation,  has  been  ena- 
bled, by  the  aid  of  the  Maine  Liquor  Law,  to  keep  his  father  sober,  while 
without  it,  he  would  have  continued  a  confirmed  drunkard. 

December  30, 1854 

BRISTOL. 

11.  Population  1,344. 

From  Rev.  STILLMAN  MOKGAN,  Congregationalism 

12.  PERIOD  OF  ENFORCEMENT. — Two  years. 

13.  CRIME. — During  the  above  period  crime  has  diminished  seventy-five 
per  cent. 

14.  LITIGATIONS. — These  are  now  unknown.     Our  lawyers  have  a  grand 
resting  time. 

15.  TRADE. — Our  large  village  is  now  a  quiet  business  place.    The  in- 
crease in  trade  has  been  great. 

16.  PUBLIC  HEALTH. — The  general  health  of  the  community  has  made 
great  and  astonishing  changes  for  the  better. 

17.  RECLAIMED   FROM  INTEMPERANCE. — I  know  from  my  own  per- 
sonal observation,  three  old  drunkards  reclaimed  by  the  operation  of  the 
Maine  Liquor  Law,  and  more  than  twenty  young  men  saved  by  it. 

18.  THE  SABBATH. — The  observance  of  the  Sabbath  has  unquestionably 
improved. 

19.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  so 
favorable  to  the  law,  that  they  would  no  more  think  of  repealing  it  than 
of  repealing  the  moral  law  or  any  law  against  theft  or  burglary. 

20.  OBTAINING  RUM  UNDER  FALSE  PRETENSES.— One  man  who  obtain* 
284 


CHAP.  HI.]  IN  VERMONT.  [Sec.  1-4. 

ed  rum  under  false  pretenses  got  drunk.  I  took  him  into  my  sleigh  and 
carried  him  home  to  his  newly-married  wife.  When  he  got  sober,  he  was 
so  frightened  for  fear  the  "  Maine  Liquor  Law  folks"  would  take  him  and 
make  him  tell  where  he  obtained  his  liquor,  that  he  picked  up  his  alls  and 
moved  off  to  a  State  where  they  had  no  such  law.  He  told  me  he  should 
never  be  found  so  again. 

20.  PERFECTLY  SOBER. — Another  man  was  put  into  jail  for  being  drunk, 
and  when  he  became  sober  he  disclosed  as  to  where  he  obtained  the  liquor. 
He  then  went  home,  and  for  about  two  years  has  been  perfectly  sober. 

21.  ABSENCE  OF  DRUNKENNESS. — We  no  more  expect  to  see  a  man 
drunk  now  than  we  expect  to  see  one  attempt  to  crawl  into  the  mouth  of  a 
cannon  when  it  is  about  to  be  fired. 

February  3, 1855. 


The  time  will  come  when  reflecting  men  will  as  soon  be  caught  poisoning  their  neighbors'  wells  as  deal- 
ing out  to  them  Intoxicating  liquors  as  a  beverage. — CHANCELLOR  WALWOBTH. 

CALEDONIA^  COUNTY. 

Perfection  of  the  work  in  Caledonia  County— Population— From  JOSEPH  IDE,  Esq.,  J.  P  :— 
Jail  tenantless— The  penitentiary— Crime  in  the  State. 

BURKE. — Population — From  Mr.  RENSELEAR  TUTE  : — Period  of  enforcement — Crime — 
Public  health — Reclaimed  from  intemperance — Attendance  at  church — The  Sabbath — 
Public  opinion — Prosecutions  under  the  Maine  Liquor  Law — The  traffic  stopped. 

ST.  JOHNSBUEY  CENTRE. — Population — From  JOSEPH  IDE,  Esq.,  J.  P. : — Period  of  enforce- 
ment—Crime—Public health— Reclaimed  from  intemperance— The  Sabbath— Public 
opinion — Convictions — Seizure — Amendment  to  the  law. 

1.  THE  fact  that  the  jail  of  this  county  is  tenantless  of  prison- 
ers convicted  of  any  crime  ordinarily  arising  from  intemperance 
is  the  best  possible  proof,  not  only  that  the  Prohibitory  Law  is  in 
operation,  but  that  it  has  accomplished  its  work  to  perfection  in 
this  county. 

2.  Population  23,595. 

From  JOSEPH  IDE,  Esq.,  Justice  of  the  Peace,  St.  Johnsbury  Centre. 

3.  JAIL  TENANTLESS. — I  can  only  say  that  the  jail  in  this  county  was 
tenantless  in  December  last.     I  believe  there  are  now  two  prisoners  incar- 
cerated, and  that  for  passing  counterfeit  money. 

4.  THE  PENITENTIARY.— Our  penitentiary  contained,  at  the  time  of  the 

285 


CHA.P.  m.]  RESULTS  OF  PROHIBITION  [SEC.  5-20. 

report  of  the  commission  in  1858,  a  little  over  ninety  convicts.    The  report 
in  1854  reduces  the  number  to  a  little  over  sixty. 

5.  CRIME  OF  THE  STATE. — I  believe  that  crime  throughout  the  State 
has  diminished  since  the  passage  of  the  Maine  Liquor  Law  in  a  much  greater 
proportion  than  what  is  indicated  by  the  above  statements  in  reference  to 
this  county. 

February  16, 1855. 

BURKE. 

6.  Population  1,103. 

From  Mr.  KENSELEAB  TUTK,  Grand  Scribe  of  Vermont  Sons  of  Temperance ;  Merchant ; 

Methodist. 

7.  PERIOD  OF  ENFORCEMENT. — Since  1852. 

8.  CRIME. — There  has  been  a  diminution  of  crime. 

9.  PUBLIC   HEALTH. — The  general  health  of  the  community  has  im 
proved  in  a  good  degree.    I  think  one  half. 

10.  RECLAIMED   FROM   INTEMPERANCE. — In  this  small  town  I  should 
think  there  are  perhaps  ten  who  were  not  reclaimed  by  moral  suasion,  but 
who  have  now  become  sober. 

11.  ATTENDANCE  AT  CHURCH. — The  attendance  at  my  church  has  in- 
creased. 

12.  THE  SABBATH  — The  Sabbath  is  better  observed. 

13.  PUBLIC  OPINION.— All  the  respectable  citizens  are  in  favor  of  the  law. 
In  fact  every  body,  except  those  who  wish  to  sell  rum  for  gain,  or  those  who 
have  an  unaccountable  love  for  the  "  critter,"  are  in  favor  of  the  law. 

14.  PROSECUTIONS  UNDER  THE  LAW. — One  man  in  this  town  had  his 
liquor  seized  and  destroyed.     He  was  carried  to  jail,  found  guilty,  and  im- 
prisoned for  three  months.    He  has  behaved  better  since.    Several  have  been 
prosecuted,  fined,  etc.,  and  they  have  then  generally  given  up  the  business. 

15.  THE  TRAFFIC  STOPPED.—  In  this  town  are  thre'e  villages;  seven  stores, 
and  two  taverns.    Now  there  is  no  liquor  sold,  unless  it  be  a  little  at  one 
corner  of  the  town,  and  that  under  pretty  dark  cover. 

March  17, 1855. 

ST.    JOHNSBURY    CENTRE. 

16.  Population  2,758. 

From  JOSEPH  IDE,  Esq.,  retired  Merchant ;  Justice  of  the  Peace ;  Baptist. 

17.  PERIOD  OF  ENFORCEMENT. — A  little  over  two  years. 

18.  CRIME. — There  has  been  a  diminution,  I  think,  of  more  than  fifty 
per  cent,  of  crime. 

19.  PUBLIC  HEALTH. — The  health  of  the  community  has  improved  in 
relation  to  the  diseases  caused  by  intemperance,  fifty  per  cent. 

20.  RECLAIMED  FROM  INTEMPERANCE.— A  vast  number  of  drunkards 
and  constant  rum-drinkers  have  been  reclaimed,  from  the  fact  that  they 

286 


CHAP  IV.]  IN  VERMONT.  [SEC.  1,  2. 

can  not  obtain  the  article  to  cause  intoxication.     They  might  return  to 
drinking  if  the  law  were  repealed. 

21.  THE  SABBATH.— The  observance  of  the  Sabbath  has,  I  think,  in- 
creased to  some  extent. 

22.  PUBLIC  OPINION". — The  general  feeling  of  respectable  citizens  is  al- 
most universally  in  favor  of  the  law. 

23.  CONVICTIONS. — In  one  instance  complaint  was  made  to  me  of  an  in- 
dividual for  selling  liquor  contrary  to  law.    I  issued  a  warrant  and  had  the 
man  arrested,  and  he  pleaded  guilty  on  five  charges,  and  I  fined  him  $50 
and  costs.     That  effectually  broke  up  the  traffic  in  this  place. 

14.  SEIZURE. — In  another  instance  I  issued  a  search  warrant  and  seized 
a  quantity  of  rum  and  gin  at  our  depot,  condemned  it,  and  it  was  destroyed. 

25.  AMENDMENT  OF  THE  LAW. — The  law  is  now  less  stringent  than  it 
vras  then,  having  been  amended  in  1853,  the  result  of  a  rum  Governor  and 
Legislature.    I  have  no  doubt  the  next  Legislature  will  cure  the  evil  and 
restore  it  brighter  than  before. 
Fel.ruary  3, 1855. 


We  owe  it  to  our  history,  to  our  free  institutions,  and  above  all  to  Him  whose  benignant  providence  has 
so  richly  blessed  us,  that  we  purify  our  laws.  If  men  will  engage  in  this  destructive  traffic,  if  they  will 
Btoop  to  degrade  their  reason  and  reap  the  wages  of  iniquity,  let  them  no  longer  have  the  law-book  for  a 
pillow,  nor  quiet  their  conscience  by  the  opiate  of  a  court  license. — HON.  ME.  FBKLINGHUYSKN. 

CHITTENDEN    COUNTY. 

The  law  well  enforced — Population. 

STATEMENT  OF  ME.  J.  L.  ADAMS,  county  clerk  : — The  law  working  well. 

BURLINGTON. — Population — From  Mr.  J.  L.  ADAMS  : — Enforcement  of  the  law — Testimony 
of  the  Grand  Jury — Opponents  becoming  friends — The  traffic  works  its  own  destruction 
— Cost  of  the  traffic — Catholic  Bishop  in  favor  of  the  law — Testimony  of  the  overseer — 
The  incorrigible  rumsellers  giving  up — Ex-liquor  merchants  becoming  friends. — From 
Mr.  MOSES  L.  CIIUECH  : — Fifty  groggeries  closed — Seizures — Commitments  under  the  law 
— Vigilance  committee— Pleased  with  the  law— Public  opinion— Economy  of  the  law— No 
drunkenness. — From  Professor  PEASE  : — Public  sentiment — Drinking  disreputable — Ef- 
fects of  the  law  on  the  University.— From  Eev.  Mr.  YOUNO  :— Wisdom  and  efficiency  of 
the  law— EesultF  highly  beneficial— No  invasion  of  the  fireside— The  Sabbath— Public 
opinion — Public  tranquillity. 

1.  THE  law  has  recently  been  well  enforced  in  this  county,  and 
the  change  in  Burlington,  especially,  does  great  credit  to  the» 
law  and  its  friends  there. 

2.  Population  29,036. 

287 


CHAP.  IV.]  RESULTS  OF   PROHIBITION  [SEC.  3-8. 

STATEMENT  OF  MR.  J.  L.  ADAMS,  COUNTY  CLERK. 

3.  THE  LAW  WORKING  WELL. — Last  week  I  was  through  several  places 
in  the  county,  and  I  found  the  law  working  well. 

BURLINGTON 

4.  Population  6,110. 

From  J.  L.  ADAMS,  County  Clerk,  one  of  the  first  friends  and  the  first  advocates  «f  the 
law  in  this  State,  and  in  New  York  State. 

5.  ENFORCEMENT  OF  THE  LAW. — I  am  pretty  well  acquainted  with  the 
workings  of  the  law.     In  this  town,  a  year  ago  this  winter,  the  law  was 
well  enforced,  and  the  town  was  never  before  so  quiet  and  so  orderly  as  it 
was  last  summer.     The  difference  was  so  great  as  to  excite  remark  both 
among  the  friends  and  foes  of  the  law. 

6.  TESTIMONY  OF  THE  GRAND  JURY. — The  Grand  Jury,  not  composed 
of  friends  of  the  law,  but  a  body  appointed  to  note  offenses  against  the  laws 
generally,  in  their  last  report  say  :  "  We  would  also  say  that  we  feel  highly 
gratified  to  find  the  jail  destitute  of  inmates,  a  circumstance  attributable, 
in  a  very  great  measure,  we  believe,  to  the  suppression  of  the  sale  of  intox- 
icating liquors." 

7.  OPPONENTS  BECOMING  FRIENDS. — One  of  the  strongest  and  best  evi- 
dences that  can  be  given  in  favor  of  the  law  is  the  fact,  that  many  men  who 
were  not  only  opposed  to  the  law  in  feeling,  but  publicly  advocated  the  other 
side,  have  conquered  their  prejudices,  and  are  now  among  the  highest  con- 
tributors to  the  fund  for  its  enforcement.    We  were  told  that  the  law  could 
not  be  enforced,  and  that  whoever  attempted  to  do  so  would  subject  himself 
to  loss  and  to  the  hatred  of  society,  and  every  other  thing  conceivably  bad. 
A  few  of  us,  however,  took  hold  of  it,  and  although  we  met  with  consider- 
able opposition  at  first,  we  found  no  difficulty  in  enforcing  it  ultimately. 

8.  THE  TRAFFIC  WORKS  ITS  OWN  DESTRUCTION. — A  very  painful  in- 
stance occurred  here  about  a  year  ago  :  A  gentleman  of  respectable  stand- 
ing in  society,  but  addicted  to  intemperance,  was  found  dead  one  morning 
in  front  of  his  own  door,  in  a  little  ditch  with  just  as  much  water  as  would 
suffocate  him.     It  was  believed,  from  the  attendant  circumstances,  that 
coming  home  to  his  own  house  late  in  the  night  in  a  state  of  intoxication, 
as  he  was  too  much  in  the  habit  of  doing,  he  had  stumbled  and  fallen  into 
the  ditch  face  downward,  and  not  having  sufficient  strength  to  rise,  had 
thus  closed  a  miserable  existence.     This  melancholy  circumstance  caused 
considerable  excitement  in  the  city,  and  roused  the  friends  of  temperance 
to  a  sense  of  their  duty  in  regard  to  the  law.     A  public  meeting  was  called, 

^and  numerously  attended,  and  a  series  of  stringent  resolutions  passed  pledg- 
ing the  meeting  to  use  every  exertion  to  get  the  law  enforced.     These  reso- 
lutions were  approved  of  by  nearly  all  the  respectable  people  in  Burlington, 
and  they  determined  to  use  both  money  and  influence  to  make  the  law 
288 


CHAP.  IV.]  IN  VERMONT.  [SEC.  9-14. 

effective.  Having  obtained  a  long  list  of  names  and  subscriptions,  we  said 
to  the  officers  :  "  Now  these  persons  have  pledged  themselves  to  support  the 
law  by  all  honorable  means ;  if  you  don't  enforce  it,  we  shall  show  you  at 
the  ballot-box  whether  we  think  you  are  entitled  to  the  position  you  hold. 
If  you  have  any  extra  trouble,  we  will  pay  you  for  it ;  if  any  one  attempts 
to  bring  odium  upon  you  for  discharging  your  duty,  we  will  stand  by  you.'* 
In  consequence  of  this  stand  we  have  had  no  further  trouble,  and  every- 
where the  law  is  popular  in  proportion  as  it  is  effectively  carried  out.  Last 
week  I  was  through  several  places  in  the  county,  and  I  found  the  law  work- 
ing well. 

9.  COST  OF  THE  TRAFFIC. — We  had  one  or  two  houses  in  this  city  whose 
annual  sale  of  liquor  was,  five  years  ago,  supposed  to  average  $50,000. 
This  last  year  the  town  agent  of  Burlington  reports  sales  for  all  purposes  to 
the  amount  of  $4,000. 

10.  CATHOLIC  BISHOP  IN  FAVOR  OF  THE  LAW. — In  this  city  the  Roman 
Catholic  Bishop  participates  heartily  in  the  progress  of  the  movement.     He 
is  in  favor  of  enforcing  it  stringently,  and  thunders  against  those  who  op- 
pose it. 

11.  TESTIMONY  OF  THE  OVERSEER. — A  year  ago,  when  the  law  was 
much  less  enforced,  the  overseer  of  the  poor  told  me  it  had  reduced  the  poor- 
tax  at  least  $500.     It  will  be  more  this  year,  although  provisions  are  very 
high  this  winter. 

12.  THE  INCORRIGIBLE   RITMSELLERS  GIVING  UP. — The  law  has   al- 
ready rid  us  of  some  incorrigible  rumsellers ;  the  lowest  of  that  low  class 
seem  to  have  become  resigned  to  their  fate. 

13.  LIQUOR  MERCHANTS  BECOMING  FRIENDS. — Some  of  the  members 
of  what  has  been  for  the  last  twenty-five  years  the  largest  liquor-house  in 
Burlington  are  now  contributors  to  the  fund  for  the  enforcement  of  the 
Maine  Law.    When  the  law  adopts  the  principle  of  regulating  the  traffic,  it 
becomes  with  such  persons  a  matter  of  dollars  and  cents ;  but  the  moment 
you  make  the  sale  a  violation  of  law,  self-respect  steps  in  and  the  business 
must  be  given  up.    The  large  house  of  PECK  &  Co.  said,  "  We  wish  to  be 
honorable  men  and  good  citizens,  and  the  moment  you  pass  this  law  we  will 
give  up  the  traffic."     Men  of  standing  in  society  can  not  take  any  other 
course.     The  moment  you  say  to  a  respectable  man  that  "  Pat  Grogger  and 
you  stand  upon  the  same  plank,"  you  are  not  sheep-stealers  it  is  true,  but 
you  are  law-breakers,  you  touch  his  self-respect,  and  he  is  forced  to  say, 
"  I  can  stand  it  no  longer." 

February  28,  1855.* 

From  Mr.  MOSES  L.  CHTTECH,  resident  in  Burlington  for  the  last  fifteen  years,  and  most  of 
the  time  connected  with  the  town  affairs. 

14.  FIFTY  GROGGERIES  CLOSED. — I  have  seen  in  this  city  somewhere 
about  fifty  places  for  the  open  sale  of  intoxicating  liquors,  and  now  we  have 

*  From  The  Maine  Law  Ittiistrated. 

13  289 


CHAP.  IV.]  RESULTS  OF  PROHIBITION  [Sjsc.  15-22. 

not  one  open  house.    There  are  several  low  Irish  dens  where  I  believe  liquor 
is  still  got,  but  we  catch  them  up  pretty  quick. 

15.  SEIZURES. — We  made  a  seizure  the  other  day  of  nine  barrels  at  the 
railway  depot,  labeled  to  four  or  five  different  Irish  houses  in  town  that  we 
had  reason  to  suspect  sold  liquor.     The  trial  has  not  yet  come  on ;  but  one 
of  the  Irishmen  stated,  that  as  it  was  "  hard  time,"  if  they  could  make  a 
little  money  selling  rum  it  was  nobody's  business.     He  will  likely  get  a  dif- 
ferent lesson  by-and-by. 

16.  COMMITMENTS  UNDER  THE  LAW. — We  have  four  or  five  persons  in 
jail  at  present  for  violation  of  the  law ;  they  were  tried,  convicted,  and 
fined,  and  in  default  committed.  f 

17.  VIGILANCE  COMMITTEE. — About  a  year  ago  we  had  a  public  meet- 
ing, and  appointed  a  vigilance  committee  to  go  round  and  raise  money  for 
the  enforcement  of  the  law,  to  pay  counsel  and  all  other  necessary  expenses ; 
and  you  may  judge  of  the  feeling  in  favor  of  the  law  when,  in  a  short  time, 
we  had  1,000  names  on  the  subscription  list. 

18.  PLEASED  WITH  THE  LAW: — I  was  never  a  strictly  temperance  man, 
but  I  became  satisfied  that  it  was  necessary  to  do  something  to  check  the 
spread  of  intemperance,  and  that  to  get  a  good  wholesome  state  of  society 
in  Burlington  we  must  shut  up  all  the  groggeries.     I  must  say  that  I  am 
very  much  pleased  with  the  law,  and  the  more  stringent  you  make  it  tho 
better  will  it  be  received  by  the  community. 

19.  PUBLIC  OPINION. — You  will  not  find  a  respectable  man  in  Burlington 
who  is  opposed  to  the  effective  enforcement  of  the  law. 

20.  ECONOMY  OF  THE  LAW. — I  am  one  of  the  selectmen,  and  we  have 
concluded  that  when  this  law  is  thoroughly  carried  out  our  poor-taxes  will 
be  reduced  about  $1,000  a  year.     This  winter,  as  provisions  are  very  high, 
we  have  not  saved  so  much  as  that,  but  if  it  had  been  an  ordinary  year  we 
would.     There  is  one  thing  that  presses  a  little  upon  that  fund  that  we  will 
by-and-by  get  quit  of.     If  a  man  is  committed  for  violating  the  law  we 
have  to  support  his  family.     But  we  tell  them  that  we  will  rather  support 
them  and  their  families  too,  than  have  to  support  other  forty  who  would  be 
sent  to  jail  through  their  instrumentality. 

21.  No  DRUNKENNESS. — You  might  stay  here  for  a  month  and  you  would 
not  see  a  drunken  man  in  this  city.     Burlington  was  in  my  day  one  of  the 
most  drunken  places  in  Vermont,  and  now  it  is  one  of  the  most  sober,  law- 
abiding  places  you  can  enter. 

February  28, 1855.* 

From  Professor  PEASE,  Burlington  University. 

22.  PUBLIC  SENTIMENT. — The  sentiment  of  the  most  respectable  classes 
of  society  is  uniform,  both  in  regard  to  the  practicability  and  the  desirable- 
ness of  the  law.    We  all  agree  in  thinking  that  the  practicability  of  the 

*  From  The  Maine  Law  Illustrated. 

290 


CHAP.  IV.]  IN  VERMONT.  [SEC.  23-29. 

law  has  been  tested  here.  Our  particular  location,  with  a  rum-depot  on  the 
other  side  of  the  lake,  has  placed  us  somewhat  in  unfavorable  circumstances ; 
but  even  with  that  drawback,  the  effects  of  the  law  are  manifested  in  the 
diminution  of  intemperance ;  in  the  strengthening  of  the  hands  of  tem- 
perance men,  and  encouraging  them  in  their  work.  I  think  the  sentiment 
is  gaining  ground  in  favor  of  the  law.  A  few  years  ago  most  people  thought 
the  law  was  likely  to  be  received  with  prejudice  by  one  class  of  the  commu- 
nity— those  who  only  occasionally  indulged  in  liquor ;  yet  that  class  have 
assented  to  the  favorable  working  of  the  law  throughout  the  community. 
There  are  few  exceptions  to  prevent  this  remark  being  universally  applicable. 

23.  DRINKING  DISREPUTABLE. — Drinking,  where  it  is  still  continued, 
will  be  confined  to  the  class  of  secret  indulgences  which  some  people  will 
now  and  again  practice ;  but  it  will  be  ranked  by  the  community  with  li- 
centiousness and  every  other  vice. 

24.  EFFECTS  OF  THE  LAW  ON  THE  UNIVERSITY. — With  respect  to  its 
effects  upon  our  own  institution,  I  can  safely  say  there  is  a  very  great  dimi- 
nution in  the  use  of  liquors  by  the  students.     Some  five  or  six  years  ago  we 
were  much  troubled  with  cases  of  intemperance  among  our  students.     Since 
the  law  passed  there  has  been  a  great  improvement.     Though  we  have  no 
doubt  it  is  still  used  in  a  secret  manner  by  some  of  the  students,  from  the 
effects  which  sometimes  manifest  themselves,  yet  there  is  none  of  it  used 
openly.     We  find  the  results  of  the  law  in  that  respect  highly  beneficial. 
We  have  not  had  for  a  year  past  any  of  that  kind  of  rowdyism  which  is  some- 
times manifested  among  students  in  such  an  institution  as  this.    These  noises 
grow  mostly  out  of  intemperance,  for  if  students  drink,  they  will  be  noisy  in 
some  shape  or  other. 

February  28, 1855.* 

From  Eev.  Mr.  YOUNG. 

25.  WISDOM  AND  EFFICIENCY  OF  THE  LAW. — I  am  of  opinion  that  the 
law  is  wise  and  efficient,  and,  as  far  as  one  can  reasonably  expect,  effectual. 

26.  RESULTS  HIGHLY  BENEFICIAL. — So  far  as  my  observation  goes,  I 
am  persuaded  that  its  operations  are  highly  beneficial ;  in  fact,  it  is  accom- 
plishing as  rapidly  as  could  be  expected  the  work  intended  to  be  accom- 
plished.    I  think  the  longer  it  is  in  operation  the  more  numerous  are  its 
friends. 

27.  No  "  INVASIONS  OF  THE  FIRESIDE." — I  have  not  heard  of  any  in- 
stance of  hardship  by  the  privacy  of  any  dwelling-house  being  invaded  by 
the  officers  of  the  law.     I  do  not  believe  that  any  instance  of  this  kind  has 
occurred,  for  it  is  well  known,  as  a  general  thing,  where  liquor  is  sold. 

28.  THE  SABBATH. — I  have  no  doubt  at  all  of  the  better  observance  of 
the  Sabbath  in  consequence  of  the  enforcement  of  the  law,  and  I  am  quite 
satisfied  of  the  greater  peace  of  the  community. 

29.  PUBLIC  OPINION. — The  feeling  of  the  respectable  classes  is  decidedly 

*  From  The  Maine  Law  Illustrated. 

291 


CHAP.  V.]  RESULTS  OF  PROHIBITION  [SEC.  1-3. 

in  favor  of  the  law.  About  a  year  ago  I  preached  a  rather  plain-spoken 
discourse,  urging,  as  strongly  as  I  could,  the  enforcement  of  the  law.  The 
sermon  was  much  better  received  by  my  congregation  than  I  had  anticipated. 
Several  gentlemen  of  prominence  in  my  congregation  declared  their  feelings 
in  regard  to  it  very  strongly,  and  in  such  a  way  as  I  had  not  been  accus- 
tomed to. 

3.  PUBLIC  TRANQUILLITY. — I  have  no  fears  whatever  that  the  enforce- 
ment of  the  law  will  be  detrimental  to  the  peace  and  happiness  of  the  com- 
munity. I  entertain  feelings  the  very  reverse.  I  am  convinced  that  public 
peace  and  domestic  comfort  will  be  greatly  promoted  wherever  the  law  is 
strictly  enforced.  We  are  annoyed  here  a  little  at  present  by  our  border 
States,  New  Hampshire  and  New  York,  but  this  annoyance  will  soon  cease. 

February  28, 1855.* 


f  tin. 


Our  law  has  performed  all  that  its  warmest  friends  could  expect.— BON.  ZIMRI  HOWE,  of  Castleton. 

RUTLAND    COUNTY. 

Practical  adoption  of  the  prohibitory  principle  before  the  Maine  Liquor  Law  was  enacted— 
Population. 

CASTLETON. — Population— From  Hon.  ZIMKI  HOWE  : — The  law  done  wonders — Public  sen- 
timent— Opposition — Seizures. 

PITTSFIELD. — Population — From  Kev.  C.  WALKER,  D.D. : — Period  of  enforcement — Trade 
— The  Sabbath — Public  opinion — The  prohibition  of  former  laws — Sending  to  New  York 
—Open  sales  abolished— A  great  blessing. 

RUTLAND  CITY. — Population — From  Mr.  JAMES  BARRITT,  merchant : — "Working  of  the  law 
— Law  requires  additional  powers — No  open  sale — Public  opinion. — From  Hon.  ZIMRI 
HOWE,  of  Castleton : — No  difficulty  in  enforcing  the  law — Braggadocio  of  the  enemy. — 
From  Mr.  TEUEBRIDGE  : — Effect  of  the  law  on  railroad  laborers. 

1.  THE  returns  from  Rutland  County  show  that  the  principle 
of  prohibition  has  long  been  practically  adopted  in  many  parts 
of  the  county  ;  that  the  force  of  public  opinion,  in  its  influence 
on  the  municipal  authorities  of  each  town,  has  been  sufficient  to 
effect  great  changes  for  the  better,  preparing  the  way  for  a  com- 
plete recognition  of  the  principle  by  the  laws  of  the  State. 

2.  Population  33,059. 

CASTLETON. 

3.  Population  3,016. 

*  From  The  Maine  Law  Illustrated. 

292 


C  <AP.  V.]  IN  VERMONT.  [Sec.  4-16. 


From  Hon.  ZIMRI  HOWE. 

4.  THE  LAW  DONE  WONDERS. — The  law  is  evaded  privately,  but  it  has 
really  done  wonders  here.     Our  Irish  population,  some  of  them  at  least, 
go  to  the  State  of  New  York,  and  get  quantities  of  five  gallons  or  so,  and 
deal  it  out  among  one  another.     They  are  a  class  of  people  that  you  can 
make  nothing  of,  and  they  have  nothing  to  lose. 

5.  PUBLIC  SENTIMENT. — Public  sentiment  in  this  place  is  altogether  in 
favor  of  the  law. 

6.  OPPOSITION. — There  is  no  opposition  among  the  respectable  portion  of 
the  community.    The  only  opposition  is  among  that  low  class  of  foreigners 
who  get  the  liquor  into  their  shanties,  and  drink  with  one  another. 

7.  SEIZURES. — We  had  to  make  several  seizures  here  at  first,  and  we 
spilled  a  good  deal  of  liquor,  but  we  have  had  no  occasion  to  make  a  seizure 
for  nearly  twelve  months.     The  people  have  somehow  made  up  their  minds 
to  obey  the  law.     Take  our  own  native  population,  and  the  law  is  adhered 
to  as  strictly  in  this  place  as  anywhere  in  the  State ;  but  these  foreigners 
slip  over  to  the  State  of  New  York  and  get  their  liquor,  and  then  come  back 
and  trouble  us. 

February  27,  1855.* 

'      PITTSFIELD. 

8.  Population  512. 

From  Eev.  C.  WALKER,  D.D.,  Congregationalist. 
9.  PERIOD  OF  ENFORCEMENT. — About  two  years  and  a  half. 
10  TRADE. — There  has  been  some  increase  in  the  legitimate  home  trade 
of  the  village. 

11.  THE  SABBATH. — The  observance  of  the  Sabbath  has  also  increased. 

12.  PUBLIC  OPINION. — The  feeling  of  respectable  citizens  is  decidedly  in 
favor  of  the  law. 

13.  THE  PROHIBITION  OF  FORMER  LAWS. — There  has  been  a  great 
change  for   the  better  in  the  drinking  habits  of  the  community  within 
twenty  years ;  but  most  of  the  changes  occurred  before  the  Maine  Liquor 
Law  was  passed  by  our  Legislature,  under  the  influence  of  public  opinion, 
and  the  partial  prohibition  of  former  laws. 

14.  SENDING  TO  NEW  YORK. — Those  who  would  drink  before  the  Maine 
Liquor  Law  came  into  operation,  do  for  the  most  part  contrive  to  obtain 
their  filthy  beverage  by  sending  privately,  or  in  companies,  to  the  State  of 
New  York  to  obtain  it.     Still  the  law  has  a  good  influence. 

15.  OPEN  SALES  ABOLISHED. — The  law  wholly  prevents  open  sales.     It 
restrains  secret  selling,  and  makes  it  dangerous  and  unprofitable,  as  some 
have  found  when  their  liquors  have  been  seized  and  poured  out  in  the 
street. 

16.  A  GREAT  BLESSING. — Our  Maine  Liquor  Law  is  a  great  blessing ; 

*  From  T!M  Maine  Law  Illustrated. 

293 


CHAP.  V.]  RESULTS  OF  PROHIBITION  [Sac.  17-24. 

and  when  they  get  such  a  law  in  the  neighboring  States  of  New  Hampshire 
and  New  York,  it  will  be  difficult  for  present  transgressors  to  continue  to 
use  that  which  leads  to  their  ruin. 
February  17,  1855. 

RUTLAND    CITY. 

17.  Population  3,715. 

From  Mr.  JAMES  BARKPIT,  Merchant. 

18.  WORKING  or  THE  LAW. — The  law  is  working  well  here,  and  we  have 
done  a  good  deal  in  the  way  of  seizure. 

19.  LAW  REQUIRES  ADDITIONAL  POWERS. — There  are  some  points  of  the 
law,  however,  that  would  require  to  be  remedied,  if  the  neighboring  States 
do  not  pass  a  law,  because  it  is  landed  here  by  railway  and  by  express-men, 
although  we  have  no  place  for  the  open  traffic. 

20.  No  OPEN  SALE. — I  think  there  were  upward  of  twenty  houses  for 
selling  liquor  in  Rutland  before  the  passing  of  the  law ;  now  we  have  no 
place  whatever  for  open  sale,  although  there  are  places  where  it  is  said  to 
be  sold  privately,  though  we  have  no  proof  as  to  where  they  are. 

21.  PUBLIC  OPINION.—  The  feeling  of  the  community  is  with  us.     Our 
selectmen  are  all  temperance  men  ;  and  when  we  have  a  vote  of  any  kind 
in  any  town  meeting  upon  the  temperance  ticket,  we  have  always  over 
three  fourths  of  the  voters  with  us.     The  town  of  Rutland  contains  now 
about  6,000  inhabitants. 

February  27,  1855* 

From  Hon.  ZIMKI  HOWE,  of  Castleton 

22.  No  DIFFICULTY  IN  ENFORCING  THE  LAW. — Rutland  has  been,  per- 
haps, as  hard  a  place  as  in  the  State ;  but  they  are  doing  a  great  work 
there,  and  there  is  now  no  difficulty  in  enforcing  the  law. 

23.  BRAGGADOCIO  OF  THE  ENEMY. — A  great  many  offered  resistance ; 
a  man  who  kept  a  public  house  in  Rutland  prior  to  the  passing  of  the  law, 
swore  that  they  should  never  search  his  house ;  but  it  was  all  braggadocio ; 
he  was  brought  up  and  fined,  and  made  no  resistance  whatever ;  now  he  has 
left  the  tavern  and  cleared  out. 

February  27, 1855.t 

From  Mr.  TKUEBBIDQE,  Conductor  of  the  Castleton  and  Washington  Eailroad. 

24.  EFFECT  OF  THE  LAW  ON  RAILROAD  LABORERS. — The  law  is  produc- 
ing a  good  effect  upon  our  laborers  on  the  road.    We  had  a  brakeman,  one 
of  the  best  men  we  ever  employed  for  such  a  purpose,  but  unfortunately  he 
was  addicted  to  drinking.     It  being  a  danger  to  ourselves  as  well  as  a  viola- 
tion of  the  law  to  keep  such  a  man  on  the  road,  he  was  discharged.     Re- 
cently they  have  enforced  the  law  with  some  determination  in  Rutland,  and 
as  liquor  can  not  now  be  easily  obtained,  this  brakeman  made  urgent  appli- 
cation for  his  old  situation.     He  was  refused  upon  the  ground  that  his  drink- 

*  From  Tlie  Maitie  Law  Illustrated.  i  Ibid. 

294 


CHAP.  VI.]  IN  VERMONT.  [SEC.  1-5. 

ing  habits  were  such  that  the  company  could  not  with  safety  employ  him. 
He  said,  "  The  temptation  is  now  entirely  removed ;  the  cars  remain  at 
Rutland  over  night,  and  there  I  can  not  get  a  drop  of  liquor ;  I  can  and  I 
will  be  sober  if  you  give  me  one  more  trial."  He  was  taken  on,  and  has 
kept  his  word ;  for  the  last  six  months  I  do  not  think  he  has  tasted  intoxi- 
cating liquor. 
February  28, 1855.* 


We  are  asked  If  we  will  destroy  property.  If  those  who  ask  that  question  would  but  go  to  Greenwood, 
there  they  can  learn  of  property  destroyed.  One  immortal  intellect  is  worth  more  than  all  this  aggregate 
of  poison  which  the  Maine  Law  shall  extinguish.  Property  !  Come  and  see  that  father  whose  heart  is 
wrung  for  a  son  almost  destroyed  by  the  poison,  and  then  never  again  use  the  argument  of  property  de- 
struction against  the  Maine  Law.  Property  has  a  right  to  protection  only  so  far  as  it  is  harmless  in  its  ef- 
fects upon  the  people  ;  but  just  the  moment  it  is  destructive  to  our  best  interests,  then  should  its  protection 
cease. — BKV.  THEODORE  L.  CCYLEB,  of  New  York  City. 

WINDSOR  COUNTY. 

Reclamations  from  intemperance  account  for  the  force  of  public  opinion  in  favor  of  the 

Maine  Liquor  Law — Population. 
LtiDLOw.— Population— From  Eev.  H.  H.  BAKER  :— Period  of  enforcement— Eeclaimed 

from  intemperance— Trade— The  Sabbath— Public  opinion—Hypocrisy  an  advantage  to 

the  public — Opposition  from  the  clergy. 
Counties  not  reported. 

1.  THE  reclamations  from  intemperance   in  the   County  of 
Windsor  are  so  numerous  that  there  is  no  wouder  that  all  the  in- 
telligent people  there  are  in  favor  of  the  law.     We  have  received 
no  returns  from  Vermont  which  have  not  been  as  satisfactory  as 
the  following,  and  to  add  more  would  be  but  a  repetition  of  simi- 
lar statements. 

2.  Population  38,320. 

LUDLOW. 

3.  Population  1,619. 

From  Eev.  H.  H.  BAKEB,  Universalist 

4.  PERIOD  OF  ENFORCEMENT. — Since  March,  1852. 

5.  RECLAIMED  FROM  INTEMPERANCE. — The  most  reckless  of  the  people 
have  been  restored,  and  many  accustomed  to  drunkenness  have  been  pre- 
vented from  such  indulgences. 

*  From  The  Maine  Law  Illustrated. 

290 


CHAP.  VI.]  RESULTS  OF  PROHIBITION,  ETC.  [SEC.  6-11. 


6.  TRADE  — There  has  doubtless  been  an  increase  in  legitimate  home 
trade. 

7.  THE  SABBATH. — The  observance  of  the  Sabbath  has  decidedly  in- 
creased. 

8.  PUBLIC  OPINION. — The  general  feeling  of  respectable  citizens  is  deci- 
dedly favorable  to  the  Maine  Liquor  Law. 

9.  HYPOCRISY  AN  ADVANTAGE  TO  THE  PUBLIC. — The  Maine  Liquor  Law 
has  cleared  our  bar-rooms  of  the  tempting  beverage,  and  made  our  innkeep- 
ers cautious  in  relation  to  brawls  and  disturbances  about  their  premises ; 
and  although  many  are  actuated  by  fear,  and  not  by  principle,  and  hence 
are  deceptive,  yet  their  hypocrisy  is  an  advantage  to  the  public. 

10.  OPPOSITION  FROM  THE  CLERGY. — Some  two  or  three  clergymen  op- 
posed the  Maine  Liquor  Law  upon  the  ground,  as  they  affirmed,  of  its  un- 
constitutionality  ;  but  the  fact  was,  the  law  was  opposed  to  the  appetites  of 
their  parishioners,  and  if  they  had  advocated  the  law  it  would  have  been 
against  their  own  material  interests;  hence  they  preached  a  few  "  temper- 
ance lectures,"  as  they  entitled  them,  taking  the  words  of  PAUL  to  TIMOTHY 
as  their  text :  "  Take  a  little  wine  for  thy  stomach's  sake."     One  of  these 
clergymen  is  gone  into  another  State  and  into  a  strong  temperance  locality, 
and  is  now  an  advocate  for  the  law.    It  is  an  old  saying,  "  Like  priest  like 
people ;"  but  it  can  be  said  in  reference  to  some,  "  Like  people  like  priest." 

December  30, 1854. 

11.  We  leave  the  other  counties,  Bennington,  Essex,  Frank- 
lin, Grand  Isle,  Lamoille,  Orange,  Orleans,  and  Washington  to 
be  judged  of  by  the  specimens  here  given.  The  limits  of  the 
work  would  not  allow  of  devoting  a  chapter  to  each  county-  of 
this  State. 
296 


THE  PROHIBITORY  LIQUOR  LAWS, 


CONTENTS. 


Pago 

LAWS   OF   CONNECTICUT 299 

LAW   OF   DELAWARE 313 

"          INDIANA 320 

MAINE 331 

LAWS   OF    MASSACHUSETTS 351 

LAW   OF   MICHIGAN 369 

"          NEW   YORK 878 

"       OHIO 389 

"       PENNSYLVANIA 393 

"       RHODE  ISLAND 396 

"          VERMONT 404 

LAWS   OF  THE   UNITED   STATES 413 

LAW    OF  THE   SOCIETY   OF   FRIENDS 415 


THE 

PROHIBITORY   LIQUOR   LAWS 

OF 

CONNECTICUT. 


AN  ACT  FOR  THE  SUPPRESSION  OF  INTEMPERANCE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Assembly  convened: 

SECTION  1.  MANUFACTURE  AND  SALE. — No  person  shall  manufacture  or 
sell  by  himself,  his  servant  or  agent,  directly  or  indirectly,  any  spirituous 
or  intoxicating  liquor,  or  any  mixed  liquor  of  which  a  part  is  spirituous  or 
intoxicating,  except  as  is  hereinafter  provided.  And  Ale,  Porter,  Lager 
Beer,  Cider,  and  all  wines,  are  included  among  intoxicating  liquors  within 
the  meaning  of  this  Act. 

SEC.  2.  CIDER  AND  WINE. — Nothing  contained  in  this  Act  shall  be  con- 
strued to  forbid  the  making  of  cider  from  apples,  or  wine  from  grapes,  cur- 
rants, or  other  fruit  grown  or  gathered  by  the  manufacturer,  or  the  selling 
of  such  cider  and  wine  (if  made  in  this  State)  by  the  maker  thereof,  pro- 
vided only  that  the  quantity  sold  at  any  one  time  be  not  less  than  five  gal- 
lons, and  be  sold  to  be  and  be  all  taken  away  at  one  time.  But  any  other 
sale  of  such  cider  or  wine  shall  be  deemed  an  unlawful  sale  within  the  mean- 
ing of  this  Act. 

SEC.  3.  IMPORTED  LIQUORS. — Nothing  in  this  Act  shall  be  construed  to 
forbid  the  sale  by  the  importer  thereof,  of  foreign  spirituous  or  intoxicating 
liquor  imported  under  the  authority  of  the  laws  of  the  United  States  regard- 
ing the  importation  of  such  liquor,  and  in  accordance  with  said  laws,  pro- 
vided that  the  said  liquor,  at  the  time  of  said  sale  by  said  importer,  remains 
in  the  original  casks  or  packages  in  which  it  was  by  him  imported,  and  in 
quantities  not  less  than  the  quantities  in  which  the  laws  of  the  United 
States  require  such  liquor  to  be  imported,  and  is  sold  by  him  in  said  casks 
or  packages  and  in  said  quantities  only. 

SEC.  4.  MANUFACTURERS  BY  AUTHORITY.— -The  County  Commissioners 
of  any  County  may,  by  certificates  signed  by  all  said  Commissioners,  give 
all  persons  who  shall  in  writing  apply  to  them  therefor,  authority  to  manu- 
facture, at  such  places  only,  within  said  County,  as  said  Commissioners  shall 
in  said  certificate  designate,  spirituous  or  intoxicating  liquors,  and  to  sell 
the  same  in  those  places  only,  in  any  quantity,  to  duly  authorized  Agents 
of  the  several  Towns  in  this  State ;  but  such  authority  shall  not  continue  in 
any  case  longer  than  one  year  from  the  date  of  the  certificate  in  that  case 
given,  and  may  be  at  any  time  revoked  by  said  Commissioners :  and  no  per- 
son shall  receive  such  a  certificate  or  exercise  such  authority  until  he  shall 

299 


PROHIBITORY  LAWS 


hare  executed  and  delivered  to  the  Treasurer  of  said  County  a  bond  with  two 
good  and  sufficient  sureties,  approved  by  said  Commissioners,  in  a  sum  not 
less  than  one  thousand  nor  more  than  six  thousand  dollars,  as  said  Commis- 
sioners shall  require,  conditioned  that  he  will  not  at  any  time  during  the 
year  next  following  the  date  of  his  said  certificate,  infringe  in  any  manner 
or  degree  any  provision  of  this  Act,  or  any  law  of  this  State,  touching  the 
manufacture  or  sale  of  spirituous  or  intoxicating  liquors.  If  any  person  so 
authorized  and  bound  shall  break  the  condition  of  such  bond,  said  bond 
shall  be  forthwith  put  in  suit,  his  said  certificate  and  authority  shall  in- 
stantly become  void,  and  he  shall  not  thereafter  be  permitted  to  manufac- 
ture or  sell  any  spirituous  or  intoxicating  liquor. 

SEC.  5.  AGENTS  TO  SELL  FOR  CERTAIN  PURPOSES. — The  Selectmen  of 
any  Town  may,  at  any  meeting  of  their  board,  duly  convened  upon  reasona- 
ble notice  to  every  member  thereof,  appoint  some  suitable  person  or  persons 
as  Agent  or  Agents  of  such  Town,  for  the  purchase  of  spirituous  and  intoxi- 
cating liquors,  and  for  the  sale  thereof  within  such  Town,  for  sacramental, 
medicinal,  chemical,  and  mechanical  uses  only ;  and  said  Selectmen,  or  a 
majority  of  them,  may  remove  any  such  Agent  at  pleasure  and  appoint 
another  in  his  stead ;  but  not  more  than  three  such  Agents  shall  be  in  office 
in  any  Town  at  the  same  time,  except  in  the  Towns  of  Hartford  and  New 
Haven ;  and  not  more  than  eight  such  Agents  shall  be  in  office  at  the  same 
time  in  either  of  the  last-mentioned  Towns.  No  innkeeper  or  keeper  of  a 
public  eating-house  or  of  a  house  of  public  entertainment  shall  be  appointed 
such  Agent.  Every  such  Agent  shall  hold  his  office  for  one  year,  unless 
sooner  removed ;  he  shall  sell  such  liquor  only  in  the  one  place  designated  in 
writing  by  said  Selectmen ;  he  shall,  in  the  purchase  and  sale  of  such 
liquor,  conform  to  such  rules  and  regulations  as  said  Selectmen  shall  pre- 
scribe, not  inconsistent  with  the  provisions  of  this  Act ;  he  shall  keep  an 
accurate  account  of  all  his  purchases  and  of  all  his  sales,  specifying  in  such 
account  the  kind  and  quantity  and  price  of  the  liquor  bought  by  him,  the 
date  of  each  purchase  made  by  him,  and  the  name  of  the  person  of  whom 
such  purchase  was  made,  the  kind,  quantity,  and  price  of  liquor  sold  by 
Mm,  the  date  of  each  sale  made  by  him,  the  name  of  the  purchaser  at  every 
such  sale,  and  the  use  for  which  the  liquor  on  every  such  sale  was  sold,  as 
stated  by  the  purchaser,  and  of  all  forfeited  liquor  by  him  received  and  sold 
or  destroyed,  which  account  shall  be  at  all  times  open  to  the  examination  of 
the  Selectmen,  Civil  Authority,  and  Grand  Jurors  of  such  Town ;  he  shall, 
when  required  by  such  Selectmen,  or  a  majority  of  them,  account  with 
them  regarding  all  his  dealings  as  such  Agent,  and  exhibit  to  them  all  re- 
ceipts, bills,  books,  and  papers  of  every  kind  relating  to  such  dealings  or  to 
his  accounts ;  he  shall  sell  said  liquor  at  not  more  than  twenty-five  per  cent, 
advance  upon  the  cost  thereof,  and  shall,  when  required  by  said  Selectmen, 
pay  over  the  proceeds  of  all  his  sales  to  the  Treasurer  of  the  Town ;  and  he 
shall  at  every  Town  Meeting  make  a  report,  verified  by  his  oath  or  affirma- 
tion, of  all  his  purchases  and  the  cost  thereof,  and  of  his  sales  and  the  pro- 
ceeds thereof,  specifying  the  number  of  sales,  the  respective  quantities  and 
kinds  sold  for  each  of  the  purposes  of  sacramental,  medicinal,  chemical,  and 
mechanical  uses,  and  the  quantity  and  kind  and  cost  of  all  liquors  remain- 
ing on  hand  at  the  time  of  such  meeting,  and  of  all  forfeited  liquors  by  him 
received  and  sold  or  destroyed,  which  report,  however,  shall  not  specify  tho 
names  of  the  persons  to  whom  his  sales  may  have  been  made.  He  shall  re- 
ceive for  his  services  such  fixed  and  stipulated  compensation  as  said  Select- 
men shall  prescribe,  but  the  amount  of  such  compensation  shall  not  be 
increased  by  reason  of  any  increase  or  diminution  of  the  sales  of  such  liquor 

300 


OF  CONNECTICUT. 


by  such  Agent ;  and  he  shall  not  be  in  any  way,  except  as  one  of  the  inhab- 
itants of  the  Town,  interested  in  said  liquor,  or  in  the  purchase  or  sale 
thereof,  or  in  the  profits  thereon.  If  any  person  purchasing  any  spirituous 
or  intoxicating  liquor  of  such  Agent  shall  intentionally  make  to  such  Agent 
any  false  statement  regarding  the  use  to  which  such  liquor  is  intended  by 
the  purchaser  to  be  applied,  such  person  so  offending  shall,  upon  conviction 
thereof  before  any  Justice  of  the  Peace,  forfeit  and  pay  a  fine  of  Seven  Dol- 
lars to  the  Treasury  of  the  Town,  together  with  costs  of  his  prosecution,  and 
stand  committed  until  judgment  be  complied  with. 

SEC.  6.  Every  such  Agent  shall  receive  from  said  Selectmen  a  certificate 
under  the  hands  of  said  Selectmen,  or  of  a  majority  of  them,  authorizing 
him,  as  Agent  of -such  Town,  to  sell,  at  the  place  mentioned  in  such  certifi- 
cate, spirituous  or  intoxicating  liquors  for  sacramental,  medicinal,  chem- 
ical, and  mechanical  uses  only;  but  he  shall  not  receive  such  certificate,  or 
exercise  his  office,  until  he  shall  have  executed  and  delivered  to  such  Select- 
men, for  the  use  of  the  Town,  a  bond,  with  two  good  and  sufiicient  sureties, 
approved  by  said  Selectmen,  in  a  sum  not  less  than  six  hundred  dollars,  in 
substance  as  follows : 

Know  all  men,  that  we,  as  principal,  and 

and  as  sureties,  are  holden  and  firmly  bound  to  the  Town  of 

,  in  the  sum  of  dollars,  to  be  paid  to  said 

Town ;  to  which  payment  we  bind  ourselves,  our  heirs  and  executors,  firmly 
by  these  presents. 

Sealed  with  our  seals,  and  dated  at  ,  this  day 

of  ,  A.  D. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above  bounden 
has  been  appointed  an  Agent  for  said  Town  of  , 

to  sell  within  and  on  account  of  said  Town,  spirituous  or  intoxicating  liquors, 
to  be  used  for  sacramental,  medicinal,  chemical,  and  mechanical  purposes 
only,  until  the  day  of  ,  A.  D.,  ,  unless  he  be 

sooner  removed  from  his  agency  ;  now  if  the  said  shall  in  all 

respects  conform  to  the  provisions  of  the  law  in  relation  to  his  agency,  and 
the  laws  of  this  State  relating  to  the  sale  of  spirituous  or  intoxicating 
liquors,  this  obligation  shall  be  void. 

SEC.  7.  PENALTY  FOR  ILLEGAL  MANUFACTURE. — Every  person  who 
shall,  in  violation  of  this  Act,  manufacture  spirituous  or  intoxicating  liquor, 
or  mixed  liquor,  of  which  a  part  is  spirituous  or  intoxicating,  shall  pay,  on 
his  first  conviction  for  said  offense,  a  fine  of  one  hundred  dollars  and  the 
cost  of  prosecution,  and  in  default  of  payment  thereof  shall  be  imprisoned 
sixty  days  in  the  common  jail ;  on  his  second  conviction  for  said  offense  he 
shall  pay  a  fine  of  two  hundred  dollars  and  the  costs  of  prosecution,  and  in 
default  of  payment  thereof  he  shall  be  imprisoned  four  months  in  the  com- 
mon jail ;  and  on  every  subsequent  conviction  for  said  offense  he  shall  pay  a 
fine  of  two  hundred  dollars  and  be  imprisoned  four  months  in  the  common 
jail. 

SEC.  8.  PENALTY  FOR  ILLEGAL  SALE. — If  any  person  in  violation  of  this 
Act,  by  himself,  his  servant,  or  agent,  shall,  for  himself  or  any  body  else, 
directly  or  indirectly,  or  on  any  pretense  or  by  any  device,  sell,  or  in  con- 
eider  ation  of  the  purchase  of  any  other  property,  give  to  any  other  person 
any  spirituous  or  intoxicating  liquor,  or  any  liquor  of  which  part  is  spiritu- 
ous or  intoxicating,  he  shall  pay,  on  his  first  conviction  for  said  offense,  a 
fine  of  twenty  dollars  and  the  costs  of  prosecution,  and  shall  stand  commit- 

301 


PROHIBITORY  LAWS 


ted  until  the  same  be  paid ;  on  the  second  conviction  for  said  offense,  he 
shall  pay  a  fine  of  thirty  dollars  and  the  costs  of  prosecution,  and  stand 
committed  until  the  same  be  paid ;  and  on  every  subsequent  conviction  for 
said  offense  he  shall  pay  a  fine  of  one  hundred  dollars  and  the  costs  of  prose- 
cution, and  shall  be  imprisoned  in  the  common  jail  not  less  than  three  months 
nor  more  than  six  months.  Every  prosecution  under  this  section,  for  a  first 
or  second  offense,  shall  be  heard  and  determined  by  a  Justice  of  the  Peace, 
and  every  prosecution  for  a  subsequent  offense  shall  be  first  brought  before 
a  Justice  of  the  Peace,  who  shall  thereupon  proceed  according  to  Section  148 
of  the  Act  entitled  "An  Act  concerning  Crimes  and  Punishments,"  page  254 
of  the  Revised  Statutes.  All  clerks,  agents,  and  servants  of  every  kind,  em- 
ployed in  the  selling  or  keeping  for  sale,  in  violation  of  this  Act,  of  any 
spirituous  or  intoxicating  liquor,  or  any  mixed  liquor,  part  of  which  is 
;spirituous  or  intoxicating,  shall  incur  the  same  penalties  and  be  proceeded 
against  in  the  same  manner  as  principals,  and  may,  in  the  information  or 
complaint,  be  charged  in  the  same  manner,  and  be  convicted,  whether  their 
principal  be  convicted  or  not.  Whenever — upon  the  non-payment  of  the 
fines  and  costs  provided  to  be  paid  upon  conviction  for  the  first  and  second 
offenses,  under  the  8th  or  9th  Sections  of  this  Act— the  offender  shall  be 
committed  to  the  common  jail,  he  shall  not  be  released  therefrom  until  he 
shall  have  paid  such  fine  and  costs,  or  shall  have  been  detained  in  jail  thirty 
days  at  least. 

SEC.  9.  KEEPING  LIQUORS  TOR  SALE. — No  person  shall  own  or  keep  any 
spirituous  or  intoxicating  liquor,  or  any  mixed  liquor  of  which  a  part  is 
spirituous  or  intoxicating,  with  intent  to  sell  the  same  in  violation  of  this 
Act ;  or  to  permit  the  same  to  be  sold  in  violation  of  this  Act ;  and  every 
person  who  shall  own  or  keep  such  liquor  with  any  such  intent,  shall, 
on  his  first  conviction  for  said  offense,  pay  a  fine  of  twenty  dollars  and 
the  cost  of  prosecution,  and  stand  committed  until  the  same  be  paid ;  on 
his  second  conviction  for  said  offense,  he  shall  pay  a  fine  of  thirty  dollars 
and  the  cost  of  prosecution,  and  stand  committed  until  the  same  be  paid ; 
on  every  subsequent  conviction  for  said  offense  he  shall  pay  a  fine  of 
one  hundred  dollars  and  the  cost  of  prosecution,  and  shall  be  imprisoned 
in  the  common  jail  not  less  than  three  months  nor  more  than  six  months. 
Every  prosecution  under  this  section,  for  a  first  or  second  offense,  shall  be 
heard  and  determined  by  a« Justice  of  the  Peace;  and  every  prosecution 
for  a  subsequent  offense  shall  be  first  brought  before  a  Justice  of  the  Peace, 
who  shall  thereupon  proceed  according  to  Section  148  of  the  Act  entitled 
"  An  Act  concerning  Crimes  and  Punishments,"  page  254  of  the  Revised 
Statutes.  And  upon  the  trial  of  every  complaint  for  the  violation  of  this  or 
of  the  8th  Section  of  this  A'ct,  proof  of  the  finding  of  the  liquor  specified  in. 
the  complaint,  in  the  possession  of  the  accused,  in  any  place  except  his  pri- 
vate dwelling-house  or  its  dependencies  (or  in  such  dwelling-house  or  de- 
pendencies, if  the  same  be  a  tavern,  public  eating-house,  grocery,  or  other 
place  of  public  resort),  shall  be  received  and  acted  upon  by  the  Court  as 
presumptive  evidence  that  such  liquor  was  kept  or  held  for  sale  contrary  to 
the  provisions  of  this  Act. 

SEC.  10.  APPEALS. — Any  person  may  appeal  from  a  final  judgment  ren- 
dered against  him  by  a  Justice  of  the  Peace,  for  a  first  or  second  offense, 
under  Section  8  or  Section  9,  to  the  County  Court  next  to  be  holden  in  the 
county  wherein  said  judgment  may  have  been  rendered;  provided,  that 
upon  such  appeal  he  shall  give  a  bond  of  recognizance,  with  good  and  suffi- 
cient surety,  to  the  Treasurer  of  said  County,  in  such  an  amount  as  said 
Justice  shall  order,  conditioned  for  his  appearance  before  said  County  Court, 
302 


OF  CONNECTICUT. 


to  answer  to  the  complaint  whereon  said  judgment  has  been  rendered,  and 
for  his  abiding  the  judgment  that  may  be  rendered  thereon  by  said  County 
Court. 

SEC.  11.  FORFEITURE  OF  LIQUORS. — All  spirituous  or  intoxicating 
liquor,  and  all  mixed  liquor  of  which  a  part  is  spirituous  or  intoxicating, 
intended  by  the  owner  or  keeper  thereof  to  be  sold,  in  violation  of  this  Act, 
shall,  with  the  vessels  in  which  it  is  contained,  be  deemed  a  nuisance,  and 
shall,  with  said  vessels,  be  forfeited  to  the  town  wherein  it  is  kept. 

SEC.  12.  SEARCH-WARRANTS. — If  any  three  persons,  of  good  moral 
character,  residents  in  any  Town,  being  of  full  age,  shall,  before  a  Justice 
of  the  Peace  in  the  same  Town,  make  written  complaint  that  any  spirituous 
or  intoxicating  liquor,  or  any  mixed  liquor  of  which  a  part  is  spirituous  or 
intoxicating,  described  as  nearly  as  may  be  in  said  complaint,  is  in  said 
Town,  in  any  place,  described  as  nearly  as  may  be  in  said  complaint,  owned 
or  kept  by  any  person  described  as  nearly  as  may  be  in  said  complaint,  and 
is  intended  by  him  to  be  sold  in  violation  of  this  Act ;  and  if  said  complain- 
ants shall,  before  said  Justice,  make  oath  or  affirmation  that  they  have 
reason  to  believe  and  do  believe  to  be  substantially  true,  the  allegations  in 
said  complaint,  said  Justice  shall  (upon  finding  probable  cause  for  said  com- 
plaint) issue  his  warrant  of  search,  directed  to  the  Sheriff  of  the  County,  his 
Deputy,  or  either  Constable  of  said  Town,  describing  as  nearly  as  may  be  the 
liquor  and  the  place  described  in  said  complaint,  and  the  person  described  in 
said  complaint  as  the  owner  or  keeper  of  said  liquor,  and  commanding  said 
officer  to  search  thoroughly  the  said  place,  to  seize  the  said  liquor,  with  the 
vessels  containing  it,  and  to  keep  the  same,  securely  until  final  action  be  had 
thereon ;  whereupon  said  Sheriff,  or  any  of  his  Deputies,  or  any  Constable  of 
said  Town,  to  whom  said  warrant  shall  be  delivered,  shall  forthwith  obey,  so 
far  as  he  can,  the  commands  of  said  warrant,  and  make  return  of  his  doings 
to  said  Justice,  and  shall  securely  keep  all  liquors  so  seized  by  him,  and  the 
vessels  containing  it,  until  final  action  be  had  thereon  ;  provided,  however, 
that  if  the  place  to  be  searched  be  a  dwelling-house  in  which  any  family 
resides,  and  in  which  no  tavern,  eating-house,  grocery,  or  other  place  of 
public  resort  is  kept,  such  warrant  shall  not  be  issued,  unless  one,  at  least, 
of  said  complainants  shall,  on  oath  or  affirmation,  before  said  Justice,  de- 
clare that  he  has  reason  to  believe,  and  does  believe,  that  within  one  month 
next  before  the  making  of  said  complaint,  spirituous  or  intoxicating  liquor, 
or  mixed  liquor,  of  which  a  part  is  spirituous  or  intoxicating,  has  been,  in 
violation  of  this  Act,  sold  in  said  house,  or  in  some  dependency  thereof,  by 
the  person  accused  in  said  complaint,  or  by  his  consent  or  permission,  nor 
unless,  from  the  facts  and  circumstances  disclosed  by  such  complainant  to 
said  Justice,  said  Justice  shall  be  of  opinion  that  said  complainant  has  ade- 
quate reason  for  such  belief. 

SEC.  13.  PROCESS  AFTER  SEIZURE. — Whenever  upon  such  warrant  such 
liquor  shall  have  been  seized,  the  Justice  issuing  said  warrant  shall,  within 
forty-eight  hours  after  such  seizure,  cause  to*  be  posted  upon  a  public  sign- 
post in  said  Town,  and  to  be  left  at  the  place  where  said  liquor  was  seized, 
if  said  place  be  a  dwelling-house,  store,  or  shop,  and  to  be  left  with  or  at 
the  last  usual  abode  of  the  person  named  in  said  complaint  as  owner  or 
keeper  of  said  liquor,  if  such  person  be  a  resident  of  this  State,  a  notice 
summoning  such  person  and- all  others  whom  it  may  concern,  to  appear  be- 
fore said  Justice  at  a  place  and  time  named  in  said  notice — which  time  shall 
be  not  less  than  two  nor  more  than  four  weeks  after  the  posting  and  leaving 
of  said  notices,  and  show  cause,  if  any  they  have,  why  said  liquor  should 
not  be  forfeited  with  the  vessels  containing  it ;  and  said  notice  shall  with 

303 


PROHIBITORY  LAWS 


reasonable  certainty  describe  said  liquor  and  vessels,  and  state  where,  when, 
and  why  the  same  were  seized.  At  the  time  and  place  prescribed  in  said 
notice,  the  person  named  in  such  complaint,  or  any  person  claiming  an  in- 
terest in  said  liquor  and  vessels,  or  any  part  thereof,  may  appear  and  show 
cause  why  the  same  should  not  be  forfeited.  If  any  person  shall  then  and 
there  so  appear,  he  shall  become  a  party  defendant  in  said  case,  and  said 
Justice  shall  make  a  record  thereof.  Whether  any  person  shall  so  appear 
or  not,  said  complainants  or  either  of  them,  or  any  Grand  Juror  of  the 
Town,  may, -and  upon  the  failure  of  such  complainants  and  Grand  Jurors, 
the  officer  having  such  liquor  in  custody  shall  appear  before  said  Justice 
and  prosecute  said  complaint  and  show  cause  why  such  liquor  should  be  ad- 
judged forfeited ;  and  said  Justice  shall  make  a  record  of  such  appearance 
and  the  name  of  such  prosecutor,  and  shall  proceed  to  inquire  whether  said 
liquor  and  vessels  be  liable  to  forfeiture ;  and  if,  upon  the  evidence  then 
and  there  presented  to  him,  he  shall  find  that  s.aid  liquor  or  any  part  there- 
of was,  when  seized,  kept  by  any  person  for  the  purpose  of  being  sold  in  vio- 
lation of  this  Act,  said  justice  shall  render  judgment  that  said  liquor  or  said 
part  thereof,  with  the  vessels  in  which  it  is  contained,  is  forfeited. 

If  no  person  be  made  defendant  in  manner  aforesaid,  or  if  judgment  be  in 
favor  of  all  the  defendants  who  appear,  then  the  cost  of  the  proceedings 
shall  be  paid  by  the  Town,  as  in  other  criminal  cases.  If  the  judgment  of 
said  Justice  shall  be  against  only  one  party  defendant,  appearing  as  afore- 
said, he  shall  pay  all  the  costs  of  the  proceedings  in  the  seizure  and  deten- 
tion of  the  liquor  claimed  by  him  up  to  that  time,  and  of  said  trial.  But 
if  such  judgment  shall  be  against  more  than  one  party  defendant,  claiming 
distinct  interests  in  said  liquor,  then  the  cost  of  said  proceedings  and  trial 
shall  be  equitably,  according  to  the  discretion  of  said  Justice,  apportioned 
among  such  defendants ;  and  in  either  case  such  costs  shall  be  collected  by 
execution,  or  executions,  issued  by  said  Justice,  against  the  property  and 
bodies  of  the  defendant  or  defendants,  whose  duty  it  is  to  pay  the  same,  and 
paid  into  the  Treasury  of  the  Town  in  which  the  liquor  was  seized.  And  if 
any  such  execution  shall  not  be  forthwith  paid,  the  defendants  in  such 
execution  shall  be  committed  to  the  common  Jail  of  the  County,  and  shall 
not  be  released  therefrom  until  he  shall  have  paid  said  execution  and  the 
costs  of  his  commitment  and  detention,  or  until  he  shall  have  been  impris- 
oned thirty  days  at  least. 

Any  person  appearing  as  aforesaid  may  appeal  from  said  judgment  of  for- 
feiture (as  to  the  whole  or  any  part  of  the  liquor  and  vessels  so  adjudged 
forfeited)  to  the  County  Court  next  to  be  holden  in  the  county  wherein  such 
judgment  is  rendered,  but  his  appeal  shall  not  be  allowed  until  he  shall 
enter  into  a  recognizance,  with  good  and  sufficient  surety,  to  the  Treasurer 
of  the  County  wherein  such  judgment  is  rendered,  in  such  an  amount  as 
said  Justice  shall  order,  conditioned  that  he  appear  before  said  County 
Court,  and  prosecute  his  said  appeal  and  abide  the  order  of  said  Court 
thereupon ;  and  in  each  instance  in  which  any  such  appeal  or  appeals  is 
allowed,  said  Justice  shall  transmit  to  the  Clerk  of  said  County  Court,  with- 
in ten  days  thereafter,  and  on  or  before  the  first  day  of  the  term  to  which 
said  appeal  or  appeals  shall  be  taken,  a  copy  of  said  Justice's  record  of  the 
original  complaint,  and  of  all  proceedings  had  before  him  in  the  case  and 
said  complaint ;  and  the  case  or  cases  arising  upon  said  appeal  or  appeals 
shall  thereupon  be  pending  before  said  County  Court.  If  before  said  County 
Court  no  party  so  appealing  shall  appear,  the  recognizance  or  recognizances 
given  as  aforesaid  by  said  party  or  parties,  shall  be  defaulted,  and  said 
Court  shall  render  judgment  that  the  liquor  and  vessels  in  respect  to  whieli 
304 


OF  CONNECTICUT. 


said  appeal  or  appeals  has  or  have  been  taken  are  forfeited ;  but  if  any  party 
or  parties  so  appealing  shall  appear,  said  Court  shall  proceed  to  try  by  jury 
the  issue  or  issues  arising  upon  said  appeal  or  appeals,  severally  or  collec- 
tively, as  said  Court  shall  deem  proper ;  and  if  by  verdict  of  the  jury  ac- 
cepted by  the  Court  it  be  found  that  said  liquor  in  respect  to  which  any 
appeal  was  taken,  was,  when  seized,  kept  by  any  person  for  the  purpose  of 
being  sold  in  violation  of  this  Act,  then  said  liquor,  and  the  vessels  contain- 
ing it,  shall  by  said  Court  be  adjudged  forfeited,  and  said  Court  shall  tax 
the  costs  arising  upon  said  appeal  against  the  said  party  appealing,  and 
order  him  to  pay  the  same  forthwith  ;  and  for  the  payment  thereof,  accord- 
ing to  said  order,  his  said  bond  of  recognizance  shall  stand  as  security. 

SEC.  14.  DISPOSITION  OF  FORFEITED  LIQUORS. — Whenever  it  shall  be 
finally  decided  that  liquor  seized  as  aforesaid  is  forfeited,  the  Justice  of  the 
Peace  or  other  Court  rendering  final  judgment  of  forfeiture,  shall  issue  to 
the  Officer  having  said  liquors  in  custody,  or  to  some  other  proper  Officer,  a 
written  order  directing  him  to  deliver  said  liquor,  and  the  vessels  contain- 
ing it,  to  some  Agent  duly  appointed  for  the  sale  of  intoxicating  liquor,  in 
the  Town  where  said  liquor  was  seized,  or  in  case  there  be  no  such  Agent 
in  said  Town,  then  to  some  other  such  Agent  in  some  other  convenient  Town 
in  the  same  County — which  order  the  said  Officer,  after  obeying  the  com- 
mands thereof,  shall  return  to  said  Court,  with  his  doings  thereon  indorsed. 
Said  Agent  shall  receive  said  liquor  and  vessels,  and  if  in  his  opinion  the 
same  or  any  part  thereof  be  fit  to  be  sold  for  any  lawful  use,  he  shall  sell 
the  same  or  such  part  thereof,  in  the  course  of  his  agency,  for  the  benefit  of 
the  Town  wherein  the  same  were  seized ;  and  if  in  his  opinion  the  same  or 
any  part  thereof  be  not  fit  to  be  sold,  he  shall  destroy  the  same  or  such  part 
thereof.  Whenever  it  shall  be  finally  decided  that  any  liquor  so  seized  is 
not  liable  to  forfeiture,  the  Court  so  deciding  shall  issue  a  written  order  to 
the  Officer  having  the  same  in  custody,  or  to  some  other  proper  Officer,  to 
restore  said  liquor,  with  the  vessels  containing  it,  to  the  place  where  it  was 
seized,  as  nearly  as  may  be,  or  to  the  person  entitled  to  receive  it,  which 
order  the  said  Officer,  after  obeying  the  commands  thereof,  shall  return  to 
said  Court  with  his  doings  thereon  indorsed.  And  the  costs  of  the  proceed- 
ings in  such  case  shall  be  taxed  and  paid  in  the  same  manner  as  is  provided 
in  the  case  of  persons  acquitted,  by  the  196th  Section  of  the  Act  concerning 
Crimes  and  Punishments,  Revised  Statutes,  page  267. 

SEC.  15.  PROSECUTIONS  FOR  KEEPING  LIQUORS  FOR  SALE. — Whenever 
any  Grand  Juror  or  other  Officer  authorized  to  commence  a  prosecution  for 
a  violation  of  the  9th  Section  of  this  Act,  shall  in  any  way  receive  notice 
that  liquor  has  been  seized  upon  a  warrant  issued  pursuant  to  the  12th  Sec- 
tion of  this  Act,  said  Grand  Juror  or  other  Officer  shall  immediately  cause 
a  prosecution  for  violation  of  said  9th  Section  to  be  commenced,  before  the 
Justice  who  issued  said  warrant,  against  the  person  named  in  said  warrant 
as  the  owner  or  keeper  of  the  liquor  to  be  seized — unless  such  prosecution 
have  already  been  commenced  by  some  other  proper  Officer. 

SEC.  16.  FORMS  OF  COMPLAINT,  CERTIFICATE,  WARRANT,  AND  NO- 
TICE.— A  complaint  under  the  12th  Section  of  this  Act  may  be  in  form  sub- 
stantially as  follows : 

To  A.  B.,  Esq.,  a  Justice  of  the  Peace  in  the  Town  of  ,  and 

County  of  ;  the  complaint  of  the  undersigned  (of  good  moral 

character,  resident  in  said  Town,  of  full  age)  showeth,  that  in  a  certain 
place  in  said  Town,  to  wit  (here  insert  description  of  shop,  house,  or  other 
place,  describing  the  same  as  nearly  as  may  be) :  certain  liquor,  to  wit 

305 


PROHIBITORY  LAWS 


(here  insert  description  of  liquor,  describing  the  same  as  nearly  as  may  be) : 
is  owned  (or  kept,  as  the  same  may  be)  by  C.  D.,  of  the  Town  of 
in  the  County  of  ,  and  is  intended  by  said  C.  D.  to  be  sold  in 

violation  of  the  Act  of  1854,  entitled  "  An  Act  for  the  Suppression  of  In- 
temperance."   Wherefore  these  complainants  pray  your  honor  to  issue  a 
warrant  of  search,  that  said  place  may  be  searched  and  said  liquor  seized 
and  disposed  of  according  to  law. 
Dated  at  ,  this  day  of 

E.  F. 

G.  H. 

I.  J. 

The  Justice  of  the  Peace  to  whom  such  complaint  is  made  having  admin- 
istered to  the  complainants  the  oath  or  affirmation  required  by  Section  12th, 
may  certify  on  such  complaint  the  administration  of  said  oath  and  his  find- 
ing thereon,  in  form  substantially  as  follows  : 

(Name  of  County)  County,  ss.  (Town  and  date.) 

Personally  appeared  E.  F.,  G.  H.,  and  I.  J.,  of  good  moral  character,  resi- 
dents in  said  Town  of  ,  being  of  full  age,  and  presented  to  me 
the  foregoing  complaint,  by  them  signed,  and  made  solemn  oath  (or  affirma- 
tion, as  the  case  may  be)  before  me,  that  they  have  reason  to  believe,  and 
do  believe  to  be  substantially  true,  the  allegations  in  said  complaint ;  where- 
upon I  find  that  probable  cause  exists  for  said  complaint,  and  (in  case  a 
dwelling-house,  etc.,  is  to  be  searched,  and  the  said  ,  one  of 
said  complainants,  having  on  his  oath  (or  affirmation)  before  me  declared 
that  he  has  reason  to  believe,  and  does  believe,  that  within  one  month  next 
before  the  making  of  said  complaint,  spirituous  or  intoxicating  liquor,  or 
mixed  liquor,  a  part  of  which  is  spirituous  or  intoxicating,  has  been  sold  in 
violation  of  the  Act  of  1854,  for  the  suppression  of  intemperance,  in  said 
house,  or  in  some  dependency  thereof,  by  the  person  accused  in  the  complaint 
aforesaid,  or  by  his  consent  or  permission,  upon  the  facts  and  circumstances 
disclosed  by  said  to  me,  I  am  of  the  opinion  that  he  has  ade- 
quate cause  for  such  relief. 

A.  B.  Justice  of  the  Peace. 

A  warrant,  issued  pursuant  to  Section  12th,  may  be  in  form  substantially 
as  follows : 

To  the  Sheriff  of  the  County  of  ,  his  Deputy,  or  either  Con- 

stable of  the  Town  of  in  said  County — Greeting : 

Whereas  E.  F.,  G.  H.,  and  I.  J.,  residents  in  said  Town,  being  of  good 
moral  character  and  of  full  age,  have  before  me  made  their  written  com- 
plaint, that  in  a  certain  place  in  said  Town,  to  wit :  in  (here  insert  descrip- 
tion of  shop,  house,  or  other  place,  describing  the  same  as  nearly  as  may  be) 
certain  liquor,  to  wit :  (here  insert  a  description  of  the  liquor  as  nearly  as 
may  be)  is  owned  (or  kept,  as  the  case  may  be)  by  C.  D.,  of  (names  of  Town 
and  County),  and  is  intended  by  said  C.  D.  to  be  sold  in  violation  of  the 
Act  of  1854,  entitled  "  An  Act  for  the  Suppression  of  Intemperance;"  and 
whereas  said  complainants  have  before  me  made  solemn  oath  (or  affirmation, 
as  the  case  may  be)  that  they  have  reason  to  believe,  and  do  believe  to  be  sub- 
stantially true,  the  allegations  in  said  complaint ;  and  whereas  I  do  find 
that  probable  cause  exists  for  said  complaint,  and  in  case  a  dwelling-house, 
etc.,  is  to  be  searched,  and  the  said  ,  one  of  said  complain- 


OF  CONNECTICUT. 


ants,  having  on  his  oath  (or  affirmation)  before  me  declared,  that  he  has 
reason  to  believe,  and  does  believe,  that  within  one  month  next  before  the 
making  of  said  complaint,  spirituous  or  intoxicating  liquor,  or  mixed  liquor, 
a  part  of  which  is  spirituous  or  intoxicating,  has  been  sold  in  violation  of 
the  Act  of  1854,  for  the  suppression  of  intemperance,  in  said  house  or  in 
some  dependency  thereof,  by  the  person  accused  in  the  complaint  aforesaid, 
or  by  his  consent  or  permission,  upon  the  facts  and  circumstances  disclosed 
by  said  to  me,  I  am  of  opinion  that  he  has  adequate  cause  for 

such  belief;  now,  therefore,  by  authority  of  the  State  of  Connecticut,  you 
are  hereby  commanded  to  search  thoroughly  the  said  place,  and  to  seize  said 
liquor  and  the  vessels  containing  it,  and  securely  keep  the  same  until  final 
action  be  had  thereon.     Hereof  fail  not,  but  due  return  make. 
Dated  at  ,  this  day  of 

A.  B.,  Justice  of  the  Peace. 

The  form  of  notice  required^by  Section! 3th,  may  be  substantially  as  fol- 
lows: 

To  C.  D.,  of  the  Town  of  ,  in  the  County  of 

and  to  all  others  whom  it  may  concern — Greeting  : 

Whereas,  pursuant  to  the  provisions  of  the  Act  entitled  "  An  Act  for  the 
Suppression  of  Intemperance,"  upon  due  complaint,  dated  , 

and  upon  warrant  duly  issued  upon  said  complaint,  certain  liquor,  with  the 
vessels  containing  it  (describe  the  liquor  and  vessels  with  reasonable  cer- 
tainty), was  seized  at  (describe  the  place  as  nearly  as  may  be),  in  the  Town 
of  ,  on  the  day  of  ,  A.  D.  ,  by 

(name  of  officer)  a  (Sheriff,  Deputy  Sheriff,  or  other  officer,  as  the  case  may 
be),  which  said  liquor  and  vessels  were  seized,  because  it  is  alleged  in  said 
complaint  that  said  liquor  was  owned  (or  kept)  by  some  person  with  intent 
that  said  liquor  should  be  sold  contrary  to  law ;  and  whereas  the  said  liquor, 
if  so  owned  or  kept  with  such  intent,  is  liable  to  forfeiture  : — now  you.  the 
said  C.  D.,  and  all  others  whom  it  may  concern,  are  hereby  summoned  to 
appear  before  me,  at  ,  in  (name  of  Town),  on  the  day 

of  ,  A.  D. ,  at  o'clock  in  the  noon,  then  and 

there  to  show  cause,  if  any  you  have,  why  said  liquor  and  vessels  should  not 
be  adjudged  forfeited.  Dated  at  ,  this  day  of  A.  D. 

A.  B.,  Justice  of  the  Peace. 

SEC.  17.  IMPRISONMENT  FOR  INTOXICATION  AVOIDED  BY  DISCLO- 
SURE.— If  any  person  shall  be  found  in  a  state  of  intoxication,  any  Sheriff, 
Deputy  Sheriff,  Constable,  Grand  Juror,  or  Selectman  of  the  Town,  or  any 
Police  Officer  of  any  City,  may  without  warrant,  and  it  is  hereby  made  his 
duty,  to  take  such  person  into  custody,  and  detain  him  in  some  proper  place 
until,  in  the  opinion  of  such  officer,  he  shall  be  so  far  recovered  from  his  in- 
toxication as  to  be  capable  of  properly  testifying  in  a  Court  of  Justice,  and 
shall  then  bring  him  before  some  Justice  of  the  Peace  in  the  same  Town, 
and  if  such  person  is  willing  to  make  full  disclosures  regarding  the  person 
or  persons  of  whom,  and  the  time,  place,  and  manner  in  -which  the  liquor 
producing  his  intoxication  was  procured,  and  all  the  circumstances  attend- 
ing it — such  Justice  shall  administer  to  him  the  oath  provided  for  witnesses, 
and  shall  inquire  of  him,  in  the  presence  of  the  officer,  regarding  the  mat- 
ters aforesaid,  and  if  upon  such  inquiry  it  shall  appear  to  such  Officer  that 
any  of  the  offenses  specified  in  the  8th  or  9th  Sections  of  this  Act  has  been 
committed  within  this  State,  such  Officer  (who  is  herebv  authorized  so  to  do) 

307 


PROHIBITORY  LAWS 


shall  in  due  form  file  his  complaint  to  said  Justice  for  the  commission  of 
such  offense  against  the  person  or  persons  upon  such  disclosure  appearing 
to  the  Officer  to  be  guilty  thereof,  and  shall  detain  the  person  so  taken  in- 
toxicated until  the  trial  of  said  complaint  before  said  Justice.  And  said 
Justice  shall  issue  his  warrant  for  the  immediate  arrest  of  the  person 
charged  in  such  complaint,  and  he  shall  be  accordingly  arrested  and  brought 
before  said  Justice  to  answer  to  said  complaint,  and  shall  be  tried  thereon 
without  unnecessary  delay,  and  convicted  or  acquitted  in  due  form  of  law ; 
and  it  shall  be  the  duty  of  said  Officer  to  prosecute  such  complaint,  and  of 
any  Grand  Juror  of  the  Town,  upon  request  of  such  Officer,  to  assist  him  in 
such  prosecution.  And  'the  person  so  arrested,  when  taken  and  brought 
before  said  Justice  upon  said  warrant,  shall  be  immediately  put  to  plead  to 
said  complaint ;  and,  unless  he  plead  guilty,  the  trial  of  said  complaint  shall 
be  commenced,  and  whether  he  plead  guilty  or  not,  the  testimony  of  th« 
person  found  intoxicated  as  aforesaid  shall  be  taken,  of  which  testimony  the 
said  Justice  shall  make  a  true  record ;  and  if  the  person  complained  against 
shall  be  found  guilty,  and  shall  appeal  from  the  judgment  of  said  Justice, 
said  Justice  may  at  his  discretion  recognize  with  surety  such  witness,  for 
his  appearance  to  testify  in  said  case  before  the  Court  to  which  the  appeal 
was  taken,  or  commit  him  for  want  of  such  recognizance.  And  if,  upon 
such  trial  or  trials,  the  person  so  found  intoxicated  shall,  in  the  opinion  of 
the  prosecuting  officer,  testify  freely,  fully,  and  fairly,  regarding  the  pro- 
curement or  receipt  of  the  liquor  which  produced  his  intoxication,  the  per- 
son or  persons  of  whom,  and  on  what  terms  it  was  obtained  or  received,  and 
the  time  and  place  of  such  receipt,  and  all  the  circumstances  regarding  it, 
he  shall  be  discharged,  and  no  evidence  which  he  shall  have  given,  either 
before  said  Justice  in  making  such  disclosure,  or  as  a  witness  on  said  trial 
or  trials,  shall  be  used  against  him  in  any  trial  or  proceeding  whatever,  nor 
shall  any  prosecution  be  instituted  or  carried  on  against  him,  for  or  on  ac- 
count of  such  intoxication.  But  if  he  shall  refuse  to  make  disclosure  before 
said  Justice  in  the  manner  herein-before  provided,  or  shall  refuse  to  testify 
freely  and  fully  as  a  witness  on  said  trial  or  trials,  then  he  shall  be  in  due 
form  prosecuted  for  his  intoxication,  and  on  conviction  thereof  be  punished 
as  provided  in  the  29th  Section  of  this  Act.  The  costs  of  the  arrest  and  de- 
tention of  the  person  so  taken  intoxicated  shall,  upon  the  order  of  the  Jus- 
tice before  whom  such  person  is  brought,  be  paid  from  the  Treasury  of  the 
Town  in  which  the  arrest  is  made. 

SEC.  18.  JUSTICES  OF  THE  PEACE. — All  the  powers  and  duties  which  may 
be  exercised  or  performed  under  this  Act,  or  in  carrying  into  execution  the 
provisions  thereof,  by  any  Justice  of  the  Peace  in  any  Town,  including  the 
power  of  receiving  and  trying  complaints  and  the  power  of  issuing  warrants 
of  search  and  other  warrants,  may,  within  the  limits  of  such  Town,  be  exer- 
cised and  performed  by  any  Justice  of  the  Peace,  not  resident  in  such  town, 
who  resides  in  the  same  County  wherein  such  town  is  situated. 

SEC.  19.  SELECTMEN,  MAYOR,  ALDERMEN,  AND  GRAND  JURORS. — 
Every*  Selectman  and  every  Constable  within  his  own  Town,  and  every 
Mayor  and  every  Alderman  within  his  own  City,  shall  have  the  same  pow- 
ers as  a  Grand  Juror,  to  institute  and  conduct  prosecutions  for  all  viola- 
tions of  this  Act;  and  the  fees  of  such  Selectman,  Constable,  Mayor,  or 
Alderman  for  such  service  shall  be  the  same  and  shall  be  paid  in  the  same 
way  as  fees  of  Grand  Jurors  for  like  services. 

SEC.  20.  PROSECUTIONS  CONDUCTED  BY  THREE  ELECTORS. — Any  three 
electors  of  any  Town  may,  within  such  Town,  exercise  all  the  powers  of 
Grand  Jurors  in  instituting  and  conducting  prosecutions  for  violations  of 
308 


OF  CONNECTICUT. 


this  Act,  provided  that  every  complaint  so  instituted  by  them  shall  be  veri- 
fied by  their  declaration  under  oath  or  affirmation  before  a  Justice  of  the 
Peace,  that  they  have  reason  to  believe,  and  do  believe  to  be  substantially 
true,  the  allegations  in  said  complaint. 

SEC.  21.  TAKE  PRECEDENCE  IN  THE  HIGHER  COURTS. — All  cases  under 
this  Act  which  shall  come  by  appeal,  writ  of  error,  or  in  any  other  manner 
before  any  higher  Court  than  a  Justice's  Court,  shall  in  such  higher  Court 
be  conducted  by  the  State's  Attorney  in  behalf  of  the  prosecution,  and  shall 
take  precedence  in  such  Court  of  all  other  criminal  business,  except  those 
criminal  cases  in  which  the  parties  accused  are  actually  under  arrest  await- 
ing trial ;  and  the  prosecuting  officers  shall  not  have  authority  to  enter  a 
nolle  prosequi,  except  by  consent  of  the  Court,  and  where  the  purposes  of 
Justice  manifestly  require  ft ;  nor  shall  the  Court  grant  a  continuance  in 
any  case  arising  under  this  Act,  except  where  the  purposes  of  justice  mani- 
festly require  it. 

SEC.  22.  VIOLATORS  OF  THE  LAW  INCOMPETENT  FOR  JURYMEN. — No 
person  who  may  be,  or  who  may  within  one  year  next  before  the  trial  of 
any  prosecution  for  a  violation  of  this  Act,  in  which  trial  he  may  be  called 
to  sit  as  a  juror,  have  been  engaged  in  the  unlawful  manufacture  or  sale,  or 
keeping  for  sale,  of  spirituous  or  intoxicating  liquor,  or  of  mixed  liquor,  of 
which  a  part  is  spirituous  or  intoxicating,  shall  be  competent  to  sit  upon 
any  jury  in  any  case  arising  under  this  Act ;  and  when  information  shall 
be  given  to  the  Court,  or  to  the  prosecuting  officer  that  any  member  of  any 
panel  is,  or  has  within  said  year  been  engaged  in  such  manufacture  or  sale, 
or  keeping  for  sale,  or  that  he  is  believed  to  be  or  to  have  been  so  engaged, 
the  Court,  or  the  prosecuting  officer  in  presence  of  the  Court,  shall  inquire 
of  said  juryman  as  to  the  truth  of  said  suggestion ;  and  no  answer  which 
said  juryman  shall  make  to  such  inquiry,  and  no  refusal  on  his  part  to 
answer,  shall  be  used  in  evidence  against  him  in  any  case  whatever,  and  he 
may,  if  he  see  fit,  refuse  to  answer  ;  if  he  do  refuse  to  answer,  or  if  by  his 
answer  the  Court  shall  think  him  incompetent  to  sit  as  juryman  in  said 
case,  he  shall  be  discharged  by  the  Court  from  further  attendance  as  jury- 
man in  all  cases  arising  under  this  Act. 

SEC.  23.  DEFAULT  OF  RECOGNIZANCE. — Whenever  default  shall  be  had 
of  any  recognizance,  or  whenever  a  breach  of  the  condition  of  any  recog- 
nizance or  bond  given  pursuant  to  this  Act  shall  have  occurred,  the  proper 
officer  shall  forthwith  commence  a  suit  upon  said  recognizance  or  bond,  and 
pursue  the  same  to  final  judgment  as  speedily  as  possible.  Any  judgment 
recovered  in  such  suit  shall  be  for  the  full  amount  of  said  recognizance  or 
bond,  with  costs  of  suit ;  and  no  Court  or  officer  shall  remit  to  the  defendant 
or  defendants  any  part  of  said  judgment. 

SEC.  24.  PROOF  OF  PAYMENT  NOT  NECESSARY. — In  any  complaint  un- 
der this  Act  it  shall  not  be  necessary  to  set  forth  exactly  the  kind  or  quan- 
tity of  liquor  sold  or  manufactured,  or  the  exact  time  of  the  sale  or  the 
manufacture  thereof,  but  proof  of  the  violation  by  the  accused  of  any  pro- 
vision of  this  Act,  the  substance  of  which  violation  is  briefly  set  forth  in  said 
complaint,  within  the  times  mentioned  in  said  complaint,  shall  be  sufficient 
to  convict  such  person ;  and  it  shall  not  be  requisite  in  any  complaint  for  a 
second  or  subsequent  offense,  to  set  forth  the  record  of  a  former  conviction, 
but  it  shall  be  sufficient  briefly  to  allege  in  such  complaint  such  former  con- 
viction ;  nor  shall  it  be  necessary  in  every  case  to  prove  payment  in  order  to 
prove  a  sale,  within  the  meaning  of  this  Act. 

SEC.  25.  FEES. — A  Justice  of  the  Peace  shall  he  entitled  to  receive,  for 
causing  notices  to  be  posted  up  and  left  pursuant  to  Section  13th,  fifty 

309 


PROHIBITORY  LAWS 


cents,  and  for  issuing  an  order  pursuant  to  Section  14th  or  Section  15th, 
fifty  cents ;  and  the  officer  who  shall  make  service  of  any  warrant  for  the 
seizure  of  liquor  shall  be  allowed  for  the  same  one  dollar ;  for  the  removal 
and  custody  of  liquor  so  seized,  his  reasonable  expenses  and  one  dollar  ;  for 
the  delivery  of  any  such  liquor,  undey  order  of  the  Court,  one  dollar,  and 
for  posting  and  leaving  the  notices  required  by  Section  18th  of  this  Act,  one 
dollar. 

SEC.  26.  BREACH  OF  TRUST  IN  THK  AGENT. — The  Selectmen  of  every 
Town  whenever  complaint  shall  be  made  to  them  that  a  breach  of  the  con- 
dition of  the  bond  given  by  an  Agent,  appointed  by  them  under  this  Act, 
has  been  committed,  shall  notify  such  Agent  of  such  complaint,  and  if, 
upon  hearing  of  the  parties,  it  shall  appear  that  any  such  breach  has 
been  committed,  they  shall  revoke  said  Agent's  appointment ;  and  when- 
ever such  breach  is  in  any  way  made  known  to  the  Selectmen,  or  any  one 
of  them,  they  or  he  shall,  at  the  expense  and  for  the  use  of  said  Town,  cause 
the  bond  to  be  put  in  suit. 

SEC.  27.  PAYMENTS  FOR  LIQUOR  ILLEGALLY  SOLD. — All  payments  or 
compensations  for  liquor  hereafter  sold  in  violation  of  this  Act,  whether  such 
compensations  be  in  money,  goods,  land,  labor,  or  any  thing  else,  shall  be  held 
to  have  been  received  in  violation  of  law,  and  against  equity  and  good  con- 
science, and  to  have  been  received  upon  a  valid  promise  and  agreement  of 
the  receiver,  in  consideration  of  the  receipt  thereof,  to  pay  to  the  person 
furnishing  such  consideration  on  demand  the  amount  of  said  money  or  the 
just  value  of  such  goods,  land,  labor,  or  other  thing.  All  sales,  transfers, 
conveyances,  mortgages,  liens,  attachments,  pledges,  and  securities  of  every 
kind,  which  either  in  whole  or  in  part  shall  have  been  made  for,  or  on  ac- 
count of  spirituous  or  intoxicating  liquor  sold  in  violation  of  this  Act,  shall 
be  utterly  null  and  void  against  all  persons  in  all  cases,  and  no  rights  of 
any  kind  shall  be  acquired  thereby :  and  no  action  of  any  kind  shall  be 
maintained  in  any  Court  in  this  State  for  spirituous  or  intoxicating  liquor 
or  mixed  liquor,  of  which  part  is  spirituous  or  intoxicating,  sold  in  any 
other  State  or  Country  contrary  to  the  law  of  said  State  or  Country,  or  with 
intent  ta  enable  any  person  to  violate  any  provision  of  this  Act ;  nor  shall 
any  action  be  maintained  for  the  recovery  or  possession  of  spirituous,  or  in- 
toxicating, or  mixed  liquor,  or  the  value  thereof,  except  in  cases  where  per- 
sons owning  or  possessing  such  liquor  with  lawful  intent,  may  have  been 
illegally  deprived  of  such  liquor.  Nothing  in  this  Section,  however,  shall 
affect  in  any  way  negotiable  paper  in  the  hands  of  a  bona  fide  holder  there- 
of, who  may  have  given  valuable  consideration  therefor  without  notice  of 
any  illegality  in  its  inception  or  transfer,  or  the  holder  of  land  or  other 
property,  who  may  have  tdlken  the  same  in  good  faith  without  notice  of  any 
defect  in  the  title  of  the  person  from  whom  it  was  taken ;  and  all  other  Sec- 
tions of  this  Act,  and  all  evidence  given  under  them,  shall  be  construed  in 
the  same  way  as  they  would  be  construed  if  this  Section  were  omitted  from 
this  Act,  and  have  the  same  effect. 

SEC.  28.  PURCHASE  OF  LIQUOR  FOR  AGENTS. — The  Selectmen  of  every 
Town  shall  have  power  (unless  otherwise  directed  by  vote  of  the  Town), 
from  time  to  time,  to  draw  from  the  Town  Treasury  such  sum  as  in  their 
judgment  shall  be  necessary  for  the  purchase  of  spirituous  or  intoxicating 
liquor,  by  the  Agent  or  Agents  of  such  Town,  to  be  by  him  sold  under  the 
provisions  of  this  Act.  But  such  Town  may,  by  vote  of  any  Town  Meeting, 
duly  called  for  that  purpose,  direct  as  to  the  amount  of  money  which  may 
be  drawn  from  the  treasury  for  the  purpose  aforesaid,  and  the  time  or 
times  when  such  drafts  may  be  made.  And  no  Agent  appointed  under  this 
310 


OF  CONNECTICUT. 


Act  shall  have  power  on  behalf  of  any  Town  to  contract  any  debt  for  spirit- 
uous or  intoxicating  liquor  which  shall  be  to  any  extent  binding  on  such 
Town. 

SEaT29.  PENALTY  FOR  INTEMPERANCE. — If  any  person  shall  be  found 
intoxicated,  he  shall,  on  conviction  thereof,  pay  a  fine  of  twenty  dollars  to 
the  Treasury  of  the  Town  in  which  the  offense  is  committed,  together  with 
the  costs  of  his  prosecution,  and  stand  committed  until  the  judgment  be 
complied  with. 

JAury  prosecution  for  the  violation  of  this  section  shall  be  heard  and  de- 
ter in' ued  by  a  Justice  of  the  Peace  in  the  Town  where  the  offense  is  com- 
mitted, but  the  person  convicted  on  such  prosecution  may  appeal  from  the 
judgment  of  such  Justice  to  the  next  County  Court  in  the  County,  provided 
that  upon  such  appeal  he  shall  give  such  bond  of  recognizance,  with  surety, 
as  such  Justice  shall  order,  to  the  Treasurer  of  the  County  wherein  the 
offense  was  committed,  conditioned  for  his  appearance  before  said  County 
Court,  to  answer  to  said  complaint,  and  for  his  abiding  the  judgment  that 
may  be  rendered  by  said  Court  thereon,  and  if,  in  case  of  conviction  for  said 
offense,  either  before  said  Justice  or  before  said  County  Court,  the  person  so 
convicted  shall  fail  to  pay  the  fine  imposed  and  the  costs  of  his  prosecution, 
he  shall  be  committed  to  the  common  jail  of  the  County,  and  shall  not  be  re- 
leased until  he  shall  have  been  imprisoned  for  thirty  days  at  least. 

SKC.  80.  REPEAL  OF  FORMER  ACTS.-  The  134th  Section  of  the  Act  enti- 
tled "  An  Act  Concerning  Crimes  and  Punishments,"  and  all  other  Acts  and 
part  of  Acts  inconsistent  with  this  Act,  shall  be  repealed  when  this  Act  goes 
into  operation. 

Provided,  that  all  prosecutions  which  shall  have  been  commenced  at  the 
time  this  Act  goes  into  operation  shall  be  carried  on  to  final  judgment  and 
execution,  as  if  this  Act  had  not  been  passed. 

SEC.  31.  PERIOD  OF  ENFORCEMENT. — This  Act  shall  talcs  effect  on  the 
1st  day  of  August,  A.  D.,  1854. 


AN   ACT  IN  ADDITION  TO   AN  ACT  FOR  THE  SUPPRESSION   OF 
INTEMPERANCE. 

WHEREAS,  In  the  city  of  New  London  and  in  certain  other  cities,  jurisdic- 
tion in  certain  criminal  cases  now  is,  or  may  hereafter  be  committed  by 
law  to  police  courts,  or  to  other  courts,  or  to  mayors,  aldermen,  or  other 
officers  authorized  to  act  judicially  in  such  cases ;  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Assembly  convened: 

SEC.  1.  POLICE  COURTS. — In  all  cities,  the  judges  of  said  police  courts 
and  of  said  other  courts,  and  the  said  mayors,  aldermen,  and  other  officers, 
who  now  have  or  may  hereafter  have  jurisdiction  in  any  criminal  cases, 
shall  severally  and  individually  have  and  exercise  within  their  respective 
cities,  concurrently  with  Justices  of  the  Peace,  on  and  after  the  first  day  of 
August,  1854,  the  same  criminal  jurisdiction  and  the  same  powers  and  du- 

311 


PROHIBITORY  LAWS,  ETC. 


tics  which  Justices  of  the  Peace  in  the  several  towns  will,  after  said  first  day 
of  August  next,  have  and  exercise  under  the  provisions  of  "  An  Act  for  the 
Suppression  of  Intemperance,"  passed  at  this  present  session,  and  such  other 
acts  as  have  been  or  shall  be  passed  in  addition  to  or  in  alteration  thereof. 
And  from  the  judgments  of  such  judges,  mayors,  aldermen,  and  other  offi- 
cers, an  appeal  may  be  taken  to  the  County  Courts  in  the  same  manner  and 
upon  the  same  conditions  as  from  the  judgments  of  Justices  of  the  Peace 
in  like  cases  under  said  Act ;  and  such  appeals  shall  be  by  said  County 
Courts  disposed  of  in  the  same  manner  as  appeals  from  the  judgments  of 
Justices  of  the  Peace  under  said  Act. 

SEC.  2.  JUSTICES  OF  THE  PEACE. — Notwithstanding  the  provisions  of 
"  An  Act  to  amend  the  Charter  of  the  City  of  New  London,"  passed  at  this 
present  session,  and  notwithstanding  the  provisions  of  any  other  private  or 
public  act  to  the  contrary,  all  Justices  of  the  Peace  residing  within  any 
city  shall,  after  said  "  Act  for  the  Suppression  of  Intemperance"  shall  have 
taken  effect,  have  and  exercise  the  same  criminal  jurisdiction  and  the  same 
powers  and  duties  which  Justices  of  the  Peace  in  the  several  towns  may  jhen 
have  and  exercise  under  the  provisions  of  said  last-named  Act,  or  any  other 
Act  in  addition  to«or  in  alteration  thereof. 

SEC.  3.  BURNING  FLUIDS,  PERFUMERY,  ETC. — Nothing  contained  in  the 
Act  to  which  this  is  an  addition  shall  be  so  construed  as  to  prohibit  the 
manufacture,  or  keeping  for  sale,  or  sale,  of  Burning  Fluids  of  any  kind, 
Perfumery,  Essences,  Chemicals,  Dyes,  Paints,  Varnishes,  Cosmetics,  Solu- 
tions of  Medicinal  Drugs,  medical  compounds,  or  any  other  article  which 
may  be  composed  in  part  of  alcohol  or  other  spirituous  liquor,  if  not  adapted 
to  use  as  a  beverage. 

Provided,  however,  that  if  such  article  is  capable  of  being  used,  or  is  in- 
tended to  be  used  as  a  beverage,  or  in  evasion  of  said  Act,  the  manufacture 
or  keeping  for  sale,  or  sale  thereof,  shall  be  deemed  a  violation  of  said  Act. 

SEC.  4.  PROSECUTION  OF  CONVICTED  DRUNKARDS. — The  seventeenth 
section  of  said  Act  shall  not  be  so  construed  as  to  authorize  the  forcible  de- 
tention of  the  person  taken  intoxicated,  after  he  shall  have  recovered  from 
his  intoxication,  until  the  trial  before  the  Justice  of  the  person  or  persons 
against  whom  his  disclosure  shall  be  made ;  but  if  such  person,  upon  recov- 
ering from  his  intoxication,  shall  not  voluntarily  consent  to  go  and  go  with 
the  officer  and  make  the  disclosures  contemplated  in  said  section,  and  shall 
not  thereafter  voluntarily  remain  in  the  custody  of  such  officer  or  some  other 
proper  person  by  said  officer  designated,  until  such  trial,  he  shall  be  forth- 
with prosecuted  for  his  intoxication  under  the  twenty-ninth  section  of  said 
Act ;  and  any  officer  who  by  said  seventeenth  section  is  authorized  to  arrest 
such  intoxicated  persons,  may  make  complaint  against  and  prosecute  such 
person  for  such  intoxication. 

Approved  June  80,  1854. 

STATE  OF  CONNECTICUT,  ss.      ) 
Office  of  Secretary  of  State.  ) 

I  hereby  certify  that  the  foregoing  is  a  true  copy  of  record  in  this  office. 
In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal  of 
said  State,  at  New  Haven,  this  30th  day  of  June,  A.  D.,  1854. 

[L.  S.]  0.  H.  PERRY,  Secretary  of  State. 

312 


THE 

PROHIBITORY   LIQUOR   LAW 

OF 

DELAWARE. 

AN   ACT  FOR   THE   SUPPRESSION   OF   INTEMPERANCE. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  State 
of  Delaware  in  General  Assembly  met  : 

SECTION  1.  SELLING  LIQUOR  A  MISDEMEANOR. — No  person  shall  sell 
ly  himself,  his  servant,  or  agent,  or  as  the  servant  or  agent  of  another, 
directly  or  indirectly,  any  intoxicating  liquor,  except  as  hereinafter  pro- 
vided. Every  person  who  shall  in  violation  of  this  Act  sell  any  such  liquor 
shall  be  dfcemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof 
by  indictment,  forfeit  and  pay  for  the  first  offense  a  fine  of  twenty  dollars 
besides  costs  of  prosecution,  and  in  default  of  payment  shall  be  imprisoned 
twenty  days;  and  for  the  second  and  every  subsequent  offense,  shall  forfeit 
and  pay  a  fine  of  fifty  dollars  besides  costs,  and  be  imprisoned  not  less  than 
ten  nor  more  than  sixty  days.  In  any  prosecution  for  a  violation  of  this 
section,  proof  of  the  disposal  of  any  such  liquor  by  any  person  being  the 
keeper  of,  or  interested  in  any  tavern,  store,  boarding-house,  eating-house, 
oyster-house,  or  other  place  of  public  entertainment  or  resort,  or  by  any 
person  in  his  behalf,  shall  be  deemed  and  taken  as  prima  facie  and  pre- 
sumptive evidence  that  such  liquor  was  sold  contrary  to  the  provisions  of 
this  Act. 

SEC.  2.  GIVING  LIQUOR  TO  INTOXICATED  PERSONS  A  MISDEMEANOR. 
— No  person  shall  willfully  give,  or  in  anywise  dispose  of,  any  intoxi- 
cating liquor  to  any  intoxicated  person,  or  person  of  known  intemper- 
ate habit,  for  use  as  a  beverage.  Every  person  who  shall  violate  any  pro- 
Vision  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  by  indictment,  shall  for  every  offense  forfeit  and  pay  a 
.•fine  of  not  less  than  ten  nor  more  than  fifty  dollars  besides  costs. 

SEC.  3.  KEEPING  FOR  SALE  A  MISDEMEANOR. — No  person  shall  own  or 
keep  any  intoxicating  liquor  with  intent  to  sell  the  same,  or  permit  the  same 
to  be  sold  in  violation  of  this  Act.  Every  person  who  shall  own  or  keep 
such  liquor  with  any  such  intent  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof  by  indictment,  forfeit  and  pay  for  the 
first  offense  a  fine  of  twenty  dollars  besides  costs  of  prosecution,  and  stand 
committed  until  such  fine  and  costs  be  paid ;  and  for  a  second  or  other  sub- 
sequent offense,  shall  forfeit  and  pay  a  fine  of  fifty  dollars  besides  costs,  and 
be  imprisoned  not  less  than  ten  nor  more  than  thirty  days.  In  any  prose- 
cution for  a  violation  of  this  section  proof  of  the  possession  of  such  liquor 

313 


PROHIBITORY  LAW 


by  the  accused  in  any  tavern,  store,  eating-house,  oyster-house,  or"  other 
place  of  public  entertainment  or  resort,  or  in  any  dependency  thereof,  or  on 
premises  belonging  thereto,  except  only  in  a  private  dwelling-house,  shall 
be  taken  and  acted  on  as  presumptive  and  prima  facie  evidence  that  such 
liquor  was  kept  for  sale  contrary  to  the  provisions  of  this  Act. 

SEC.  4.  MANUFACTURE  BY  AUTHORITY. — The  Associate  Judge  of  the 
Superior  Court  may,  by  his  certificate,  give  to  any  person  who  is  a  qualified 
voter  of  the  County  in  which  such  Judge  resides,  applying  in  writing  there- 
for, authority  to  sell  intoxicating  liquor,  manufactured  by  himself,  from 
fruit  or  grain,  being  the  growth  of  land  in  this  State,  owned  or  occupied  by 
him,  in  any  quantity,  to  such  person  only  as  shall  be  duly  authorized  to 
sell  the  same  under  the  provisions  of  section  5  of  this  Act.  Every  other 
sale  by  any  manufacturer  shall  be  considered  an  unlawful  sale  within  the 
meaning  of  this  Act,  and  any  act  which  would  be  deemed  and  construed  a 
sale  under  this  Act,  when  done  by  any  other  person,  shall  be  deemed  and 
construed  to  be  a  sale  when  done  by  such  manufacturer.  The  application 
must  specify,  and  the  certificate  designate,  the  place  where  the  liquor  is  to 
be  manufactured  and  sold. 

SEC.  5.  SALE  BY  AUTHORITY. — Any  person  who  is  a  voter  in  the  hun- 
dred in  which  he  intends  to  sell  intoxicating  liquors  may  apply  in  writing 
to  the  Associate  Judge  resident  in  the  same  County  for  a  certificate  author- 
izing him  to  purchase  and  sell  such  liquors  for  mechanical,  chemical,  and 
medicinal  purposes  only,  and  pure  wine  for  sacramental  use.  Such  appli- 
cation shall  set  forth  the  Hundred,  and  particularly  describe  the  premises 
and  place  in  which  he  intends  to  sell  such  liquor,  and  any  .certificate 
granted  shall  authorize  him  to  sell  such  at  such  place  and  for  such  purpose 
only.  Of  the  persons  so  applying,  the  said  Judge  may  designate  and  grant 
such  certificate  to  any  number  not  exceeding  three  in  any  one  Hundred, 
and  not  exceeding  five  in  the  City  of  Wilmington.  No  person  who  uses  such 
intoxicating  liquor  as  a  beverage  shall  be  entitled  to  receive  such  certificate, 
nor  any  person  who  is  at  the  time  a  keeper  of,  or  interested  in,  any  tavern, 
boarding-house,  eating-house,  oyster-house,  or  other  place  of  public  enter- 
tainment, recreation,  or  amusement,  and  if  at  any  time  during  the  term  for 
which  the  said  certificate  shall  have  been  granted  such  person  shall  so  use 
such  liquor,  or  become  the  keeper  of,  or  interested  in,  any  tavern  or  other 
house  or  place  as  above  mentioned,  the  said  certificate  shall  become  and  be 
utterly  void,  and  shall  thenceforth  furnish  no  excuse  or  justification  to  such 
person  in  any  proceediiigs  for  a  violation  of  any  of  the  provisions  of  this 
Act.  Every  person  authorized  to  sell  intoxicating  liquor  under  the  pro-' 
visions  of  this  section  shall  keep  a  book  of  purchases  and  sales,  in  which  he 
shall  enter  separate  accounts  thereof,  specifying  the  kind,  quantity,  and 
cost  of  each  purchase  made  by  him,  the  name  of  the  person  from  whom  each 
purchase  was  made  and  the  date  thereof;  the  kind,  quantity,  and  price  of 
each  sale  made  by  him,  the  purpose  for  which,  the  name  of  the  person  to 
whom,  and  the  time  when  sold,  which  book  shall,  at  all  times  during  busi- 
ness hours,  be  open  to  examination  by  any  Judge,  Justice  of  the  Peace,  or 
Grand  Juror  of  the  County.  He  shall  sell  such  liquor  at  not  more  than 
fifty  per  cent,  advance  upon  the  cost  thereof,  and  shall  file,  in  the  office  of 
the  Clerk  of  the  Peace  of  the  County  in  which  he  resides,  not  less  than  ten 
nor  more  than  fifteen  days  before  the  expiration  of  each  quarter  of  the  year 
for  which  his  certificate  is  valid,  an  account  of  such  purchases  and  sales 
made  by  him,  containing  kind,  quantity,  and  price,  verified  by  affidavit  that 
the  same  is  a  correct  account  of  the  purchases  and  sales  made  by  him  during 
the  current  quarter,  and  since  the  filing  of  the  last  account,  according  to 
314 


OF  DELAWARE. 


his  knowledge,  information,  and  belief.  If  any  person  shall  sell  for  more 
than  fifty  per  cent,  advance,  as  above  mentioned,  or  shall  omit  to  file  such 
account  for  the  space  of  ten  days  after  the  time  above  limited,  his  certifi- 
cate shall  thereupon  become  void. 

SEC.  6.  SURKTIES  FOR  AGENT. — Every  person  to  -whom  any  certificate 
shall  be  granted  to  sell  intoxicating  liquor  as  above  provided  shall,  with 
two  sufficient  sureties,  become  bound  to  the  State  of  Delaware  in  a  joint  and 
several  obligation,  to  be  with  the  sureties  therein  approved  by  the  Judge 
granting  the  certificate,  in  the  sum  of  five  hundred  dollars,  conditioned  that 
lie  will  not  at  any  time  during  the  year  next  following  the  date  of  his  said 
certificate  violate  in  any  manner  any  provision  of  this  Act  or  any  law  of 
this  State  touching  the  manufacture  or  sale  of  intoxicating  liquors.  Such 
obligation  and  condition  shall  not  be  understood  to  extend  to  the  making  the 
entries  or  filing  the  account  provided  for  in  the  last  section.  Such  certifi- 
cate shall  continue  iu  force  for  one  year  from  the  date  thereof  and  no  longer, 
but  no  person  shall  have  or  exercise  any  authority  under  any  certificate 
until  he  shall  have  lodged  the  said  obligation  in  the  office  of  the  Prothono- 
tary  of  the  County  in  which  such  person  resides,  there  to  remain  filed,  and 
the  application  and  certificate  in  the  office  of  the  Clerk  of  the  Peace.  The 
said  officer  shall  respectively  indorse  thereon  the  date  on  which  they  were 
received,  and  the  said  Clerk  shall  file  the  application  and  record  the  certifi- 
cate in  a  book  for  that  purpose,  which  record  and  indorsement  shall  be 
evidence  in  any  proceeding  under  this  Act.  The  fee  for  recording  shall  be 
fifty  cents.  If  any  person  so  authorized  and  bound  shall  break  the  condi- 
tion of  such  obligation,  suit  may  be  thereupon  instituted  on  the  said  obliga- 
tion by  any  person  who  will  sue,  in  the  name  of  the  State  of  Delaware,  for 
the  use  of  the  said  State  and  the  person  so  suing,  and  may  be  prosecuted 
to  judgment  and  execution,  and  in  such  action,  upon  proof  of  the  breach 
of  the  condition  of  such  obligation  in  any  respect,  the  whole  amount  of  the 
penalty  or  sum  of  money  expressed  in  the  said  obligation  shall  be  assessed 
as  the  damages  occasioned  thereby,  and  judgment  shall  be  rendered  there- 
fore, and  shall  be  one  half  for  the  person  suing,  and  the  other  half  for  the 
use  of  the  State. 

SEC.  7.  OBTAINING  LIQUOR  UNDER  FALSE  PRETENSES. — If  any  per- 
son purchasing  any  intoxicating  liquor  of  any  one  authorized  to  sell  by 
virtue  of  section  5  of  this  Act  shall  intentionally  make  to  the  seller  any 
false  statement  regarding  the  use  to  which  such  liquor  is  intended  to  be 
applied,  such  person  so  offending  shall,  upon  conviction  as  hereinafter  pro- 
vided, forfeit  and  pay  a  fine  of  not  less  than  ten  nor  more  than  twenty  dol- 
lars, besides  cost ;  and  on  failure  to  pay  such  fines  and  costs,  shall  be  com- 
mitted not  less  than  one  day  nor  more  than  two  days  for  every  dollar  of 
Buch  fine  unpaid. 

SEC.  8.  INTEMPERATE  PERSONS. — If  any  intoxicated  person  be  found  in 
any  public  place,  or  disturbing  the  public  peace  and  quiet,  he  shall,  upon 
conviction  thereof,  as  hereinafter  provided,  forfeit  and  pay  a  fine  of  not  less 
than  ten  nor  more  than  twenty  dollars,  besides  costs,  and  shall,  on  failure 
to  pay  such  fine  and  cost,  be  committed  not  less  than  one  day  nor  more  than 
two  days  for  every  dollar  of  such  fine  unpaid. 

SEC.  9.  APPEAL  FROM  DECISION. — Every  prosecution  under  sections  7 
and  8  of  this  Act  s<hall  be  heard  and  determined  by  a  Justice  of  the  Peace, 
but  any  person  convicted  may,  within  five  days  thereafter,  appeal  from  any 
final  judgment  rendered  against  him  by  any  Justice,  to  the  Court  of  General 
Sessions  of  the  Peace  and  Jail  Delivery.  Such  person  appealing  shall  enter 
into  recognizance  with  sufficient  surety  in  such  sum  as  the  Justice  shall  de- 

315 


PROHIBITORY  LAW 


termine  conditioned  for  his  appearance  at  said  Court  at  the  next  term 
thereof  to  be  holden  in  the  County  wherein  said  judgment  was  rendered,  to 
answer  to  the  complaint  whereon  said  judgment  was  rendered,  and  for  his 
abiding  the  judgment  that  may  be  rendered  by  the  said  Court.  The 
Justice  shall  bind  the  witness  for  the  State  for  their  appearance  to  testify 
in  case  an  appeal  shall  be  taken ;  shall  transmit  immediately  a  certified 
copy  of  his  record  to  the  Clerk  of  the  Peace  of  the  County,  who  shall  enter 
the  appeal.  The  Attorney  General  shall,  on  such  appeal,  appear  for  the 
State,  and  the  trial  shall  be  by  Jury. 

SEC.  10.  DRUNKARD'S  TESTIMONY. — If  any  person  shall  be  found  intoxi- 
cated, as  above-mentioned  in  section  8,  any  Sheriff,  Deputy  Sheriff,  or  Con- 
stable may,  without  warrant — and  it  is  hereby  made  his  duty  to — take 
such  person  into  custody  and  take  him  before  some  Justice  of  the  Peace, 
•who  shall  give  him  in  charge  to  such  officers  to  keep  him  in  some  safe  and 
convenient  place,  to  be  designated  by  said  Justice,  until  he  become  suffi- 
ciently sober,  and  thereupon  forthwith  to  take  him  before  said  Justice,  or 
if  he  can  not  be  found,  before  some  other  Justice,  and  either  case  such 
Justice  shall,  in  the  presence  of  the  officer,  examine  him  upon  oath  or  affirm- 
ation regarding  the  person  or  persons  from  whom,  and  the  time,  manner, 
and  place  in  which  the  liquor  producing  his  intoxication  was  procured,  and 
shall  reduce  the  substance  thereof  to  writing,  which  shall  be  signed  by  the 
witness.  If  upon  such  inquiry  it  shall  appear  to  the  Justice  that  an 
offense  against  any  of  the  provisions  of  sections  1,  2,  or  3  has  been  com- 
mitted, it  shall  be  his  duty  to  issue  a  warant  for  the  arrest  of  the  offender, 
and  to  proceed  as  in  other  cases  of  complaint.  The  Justice,  if  in  his  opinion 
it  is  necessary,  may  either  recognize  the  witness  for  his  appearance  to 
testify  at  the  hearing,  or  may  detain  him.  If  such  person  shall  refuse  to 
be  sworn  or  affirmed,  or  fairly  and  fully  to  answer  any  question  pertinent 
to  such  examination,  he  shall,  unless  reasonable  cause  be  shown,  be  deemed 
guilty  of  contempt,  and  shall  be  fined  not  less  than  ten  nor  more  than  fifty 
dollars,  and  stand  committed  until  the  same  is  paid.  No  answer  or  testi- 
mony which  any  such  person  shall  give  on  such  examination,  or  at  the 
hearing  before  the  Justice,  or  on  trial  of  the  accused,  shall  be  used  in  evi- 
dence against  him  in  any  proceeding  whatever,  except  for  perjury  in  rela- 
tion therein. 

SEC.  11.  SUMMONING  WITNESSES. — Whenever  a  complaint  on  oath  or 
affirmation  in  writing,  which  complaint  shall  state  the  facts  or  circum- 
stances upon  which  his  belief  is  founded,  shall  be  made  before  any  Justice 
of  the  Peace,  by  any  person,  that  he  has  just  cause  to  believe,  and  does  be- 
lieve, that  any  offense  has  been  committed  against  this  Act,  and  that  some 
other  person  or  persons  named  by  him  has  or  have  knowledge  of  the  com- 
mission of  such  offense,  such  Justice,  if  he  thinks  there  is  probable  cause 
to  believe  that  such  offense  has  been  committed,  and  that  such  person  or 
persons  has  or  have  knowledge  thereof,  shall  forthwith  issue  a  summons  for 
such  person  or  persons,  commanding  him,  her,  or  them  to  appear  before 
him,  on  a  day  not  more  than  four  days  thereafter,  to  testify  in  relation  to 
such  complaint.  This  summons  may  be  served  by  the  officer  to  whom  it  is 
delivered,  or  any  other  person  whom  he  may  depute  for  that  purpose.  If 
the  person  or  persons  summoned  shall  appear,  the  Justice  shall  ex.-miine 
him  or  them  on  oath  or  affirmation  touching  such  complaint,  and  if  suffi- 
cient cause  appear,  shall  issue  a  warrant  of  arrest  against  the  offender, 
bind  the  witness  for  his  appearance  to  testify  at  the  hearing  or  detain  him, 
and  proceed  as  in  other  cases.  If  any  person  so  summoned  shall  fail  to 
appear,  an  attachment  shall  be  issued  to  compel  his  appearance,  the  service 
316 


OF  DELAWARE. 


of  the  summons  being  first  proved  by  the  return  of  the  officer,  or  the  oath 
or  affirmation  of  any  other  person,  suing  the  same.  If  any  person  so  sum- 
moned or  attached  shall  refuse  to  testify,  he  shall,  unless  just  cause  be 
shown,  be  deemed  guilty  of  contempt,  and  be  punished  by  a  fine  of  not  less 
than  ten,  nor  more  than  twenty  dollars,  and  stand  committed  until  the  same 
is  paid. 

SEC.  12.  PROCESS  AFTER  COMPLAINT. — Whenever  any  complaint  shall 
be  made  in  the  form  to  a  Justice  of  the  Peace  of  a  violation  by  any  person  of 
any  of  the  provisions  of  this  Act,  it  shall  be  his  duty  to  proceed  as  directed 
in  chapter  97  of  the  Revised  Statutes,  in  relation  to  complaints  made  be- 
fore him  in  other  criminal  cases  and  all  existing  provisions  of  law  relative  to 
misdemeanors  and  offenses  created  by  this  Act,  so  far  as  the  same  are  ap- 
plicable, and  are  not  inconsistent  therewith. 

SEC.  13.  APPEARING  IN  PROPER  PERSON. — No  recognizance  taken  by 
a  Justice  or  bail  bond  by  a  Sheriff,  to  secure  the  appearance  of  any  defend- 
ant to  answer  for  any  offense  under  this  Act,  shall  be  deemed  to  be  satisfied 
or  the  condition  thereof  fulfilled  unless  the  person  so  bound  to  appear,  shall 
appear  in  proper  person  at  the  oourt,  at  which  he  has  so  undertaken  to  ap- 
pear, and  shall  in  proper  person  remain  and  abide  the  judgment  which  may 
t>e  rendered  by  the  court  on  said  charge ;  and  it  shall  be  the  duty  of  the 
proper  officer  forthwith  to  commence  a  suit  on  any  such  recognizance  or  bail- 
bond  which  has  been  defaulted,  or  of  which  a  breach  of  the  condition  has 
occurred,  and  to  pursue  the  same  to  final  judgment  and  execution  as  speed- 
ily as  possible,  and  any  judgment  recovered  in  such  suit  shall  be  for  the  full 
amount  of  such  recognizance  or  bail-bond  with  costs. 

SEC.  14.  FINES  AND  FORFEITURES. — All  fines  and  forfeitures  which  may 
accrue  and  be  received  under  the  provisions  of  this  Act,  and  not  otherwise 
herein  appropriated,  shall  be  paid  over  by  the  officer  receiving  the  same  to 
the  Treasurer  of  the  County,  wherein  such  convictions  were  had,  for  the  use 
of  the  county. 

SEC.  15.  MAKING  COMPLAINT. — It  shall  be  the  duty  of  every  Justice  of 
the  Peace,  Sheriff,  Deputy  Sheriff,  and  Constable  within  their  respective 
counties,  whenever  he  shall  have  knowledge  that  offense  has  been  committed 
against  any  of  the  provisions  of  this  Act,  to  make  complaint  or  cause  com- 
plaint to  be  made  thereof. 

SEC.  16.  NEGLECT  OF  OFFICIAL  DITTY  A  MISDEMEANOR. — Every  public 
officer  who  shall  neglect  or  refuse  to  perform  any  duty  required  of  him  by 
any  section  of  this  Act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  by  indictment,  shall  forfeit  and  pay  a  fine  of  not  less 
than  fifty,  nor  more  than  two  hundred  dollars,  besides  costs,  and  such  con- 
viction shall,  except  in  the  case  of  judicial  offices,  ipso  facto,  work  a  forfeit- 
ure of  office. 

SEC.  17.  RESISTANCE  TO  THE  LAW  A  MISDEMEANOR. — Every  person  who 
shall  oppose  or  resist  any  officer,  or  any  one  called  by  him,  to  his  aid  in  the 
execution  of  any  duty  under  this  Act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction,  by  indictment,  shall  forfeit  and  pay  a  fine  of 
not  less  than  fifty  dollars,  and  in  default  of  payment  of  such  fine  and  costs, 
shall  be  imprisoned  not  less  than  ten  days. 

SEC.  18.  IMPORTERS  OF  FOREIGN  LIQUORS. — This  Act  shall  not  be 
deemed  or  taken  to  apply  to  the  importer  of  foreign  intoxicating  liquors,  in 
respect  to  such  liquor  imported  under  the  authority  of  the  laws  of  the  United 
States,  regarding  the  importation  of  such  liquors,  and  in  accordance  with 
said  laws,  provided  that  the  said  liquor  remains  in  the  original  casks  or 
packages  in  which  it  was  by  him  imported,  and  in  quantities  not  less  than 

317 


PROHIBITORY  LAW 


the  quantities  in  which  the  laws  of  the  United  States  require  such  liquor  to 
be  imported,  and  is  by  him  disposed  of  in  said  casks  or  packages,  and  in 
said  quantities  only ;  and  provided,  also,  that  in  any  proceeding  under  this 
Act,  the  Custom  House  certificates  of  importation  and  proofs  of  marks  on 
the  casks  or  packages  corresponding  thereto,  shall  not  be  received  as  sufficient 
evidence  that  the  liquor  contained  in  said  casks  or  packages,  are  those  ac- 
tually imported  therein,  but  the  person  to  be  benefited  thereby  shall  be  re- 
quired to  allege  and  prove  such  fact  aliunde. 

SEC.  19.  HOME-MADE  CIDER  AND  WINE. — Nothing  contained  in  this  Act 
shall  be  construed  to  forbid  the  sale  at  the  place  of  manufacture,  by  the  maker 
thereof,  of  cider  or  wine,  manufactured  from  fruits  being  the  growth  of  land 
in  this  State,  owned  or  occupied  by  the  manufacturers,  provided  only  that 
the  quantity  of  cider  or  wine  sold  at  any  one  time  be  not  less  than  ono 
gallon,  and  that  the  same  be  sold  to  be,  and  be  all  taken  away  at  one  time. 
No  cider  or  wine  so  sold  shall  be  drank  on  the  premises  of  the  seller,  and 
any  such  drinking  or  a  transfer  to  the  seller  of  any  portion  so  sold,  shall 
subject  him  to  the  penalties  of  an  unlawful  sale ;  and  provided,  also,  that  no 
such  sale  shall  be  made  directly  or  indirectly  to  any  such  person  as  is  men- 
tioned in  section  2  of  this  Act. 

SEC.  20.  DEFINITION  OF  TERMS. — The  words  "  intoxicating  liquor,"  and 
"  liquor,"  as  used  in  this  Act,  shall  be  construed  to  mean,  extend  to,  and  in- 
clude ale,  porter,  lager  beer,  cider,  and  all  wines,  alcohol,  all  distilled  and 
malt  liquors,  all  drugged  liquors,  and  mixed  liquors,  part  of  which  is  alco- 
hol, distilled  of  malt  liquor,  and  all  liquors  that  can  intoxicate  and  are 
adapted  to  use  as  a  beverage. 

SEC.  21.  PHYSICIANS. — Nothing  in  this  Act  shall  be  construed  to  prevent 
physicians  pursuing  the  practice  of  medicine  as  a  business,  from  keeping 
and  professionally  giving  or  in  any  wise  disposing  of  intoxicating  liquors 
medicinally,  or  any  person  from  giving  wine  for  sacramental  purposes. 

SEC.  22.  "  SELL,  AND  SALE." — The  terms  "  sell"  and  "  sale"  in  this  Act 
when  descriptive  of,  or  referring  to,  any  offense,  shall  be  construed  to  mean 
and  include  any  and  every  mode  in  which  such  liquor  may  be  disposed  of  or 
transferred,  with  a  view  to  any  profit  or  advantage,  upon  any  consideration 
whatever,  past,  present,  or  future,  otherwise  than  as  a  pure  gift,  and  in  any 
proceedings  under  this  Act,  proof  of  any  disposal  of  such  liquor,  otherwise 
than  by  such  gift,  shall  be  sufficient  to  establish  the  allegation  of  a  sale 
within  the  meaning  of  this  Act. 

SEC.  23.  INTOXICATING  LIQUOR  THE  ONLY  NECESSARY  DESCRIPTION. — 
In  any  proceeding  for  a  violation  of  the  provisions  of  this  Act  it  shall  not  be 
necessary  to  specify  or  prove  the  precise  kind  of  liquor  which  is  the  subject 
of  the  charge,  but  to  allege  it  as  "  intoxicating  liquor"  only,  and  proof  of 
the  unlawful  charge  in  relation  to  any  such  liquor,  shall  be  deemed  sufficient, 
although  the  particular  kind  may  not  be  able  to  be  shown.  All  clerks, 
agents,  and  servants  shall  be  proceeded  against  as  principles,  and  incur  the 
same  penalties  for  a  violation  of  sections  1,  2,  or  3,  of  this  Act. 

SEC.  24.  PREVIOUS  PROSECUTION  NO  BAR  TO  CONVICTION. — Any  num- 
ber of  offenses  against  this  Act  may  be  committed  by  the  same  person  on 
the  same  clay,  and  no  prosecution  for  an  offense  alleged  to  have  been  com- 
mitted at  any  time  shall  be  a  bar  to  a  conviction  for  an  offense  prior  to  that 
time. 

SEC.  25.  No  LICENSES  ABOLISHED. — No  license  to  sell  intoxicating  li- 
quor or  by  authority  of  which  such  liquor  can  be  sold,  shall  hereafter  be 
granted,  except  as  provided  in  this  Act. 

SEC.  26.  FORMER-ACTS  REPEALED.— All  acts  and  parts  of  acts  incou- 
318 


OF  DELAWARE. 


sistent  with  this  Act,  are  hereby  repealed,  but  no  suit  or  other  proceeding 
commenced  or  indictment  formed  before  this  Act  takes  effect,  shall  in  any 
manner  be  affected  thereby. 

SEC.  27.  EXISTING  LICENSES  TO  RUN  OUT. — Nothing  in  this  Act  shall  be 
construed  to  affect  the  right  of  any  person  now  having  license  to  sell  intox- 
icating liquor,  as  a  tavern-keeper,  or  under  the  provisions  of  the  Act  en- 
titled "  An  Act  regulating  the  sale  of  intoxicating  liquors,"  during  the  pe- 
riod for  which  his  license  was  granted,  with  respect  to  such  license,  but  such 
person  shall  have  and  exercise  the  rights  and  privileges  which  he  now  en- 
joys, until  the  expiration  of  such  time,  subject  to  all  the  provisions  of  law 
now  in  force  regulating  his  conduct  under  such  license,  which  provisions  are 
for  this  purpose,  and  with  respect  to  such  persons  respectively  exempted 
from  the  operation  of  section  26,  until  the  expiration  of  their  respective 
licenses. 

SEC.  28.  WHEN  TO  TAKE  EFFECT. — This  Act  shall  take  effect  on  the 
first  da/  of  June  next,  except  section  25,  which  shall  take  effect  imme- 
diately. 

Passed  at  Dover,  Feb.  27, 1855. 

319 


THE 

PROHIBITORY   LIQUOR   LAW 

OF 

INDIANA 


AN  ACT  TO  PROHIBIT  THE  MANUFACTURE  AND  SALE  OF  SPIR- 
ITUOUS AND  INTOXICATING  LIQUORS, 

Except  in  the  cases  therein  named,  and  to  repeal  all  former  Jlcts  incon- 
sistent therewith,  and  for  the  suppression  of  Intemperance. 

SEC.  1.  MANUFACTURE  AND  SALE. — Be  it  enacted  by  the  General  As- 
sembly of  the  State  of  Indiana,  That  no  person  shall  manufacture,  keep  for 
sale,  or  sell,  by  himself  or  agent,  directly  or  indirectly,  any  spirituous  or 
intoxicating  liquor,  except  as  hereafter  provided.  Ale,  Porter,  Malt  Beer, 
Lager  Beer,  Cider,  all  Wines,  and  Fermented  Liquor  which  will  produce  in- 
toxication, and  all  Mixed  Liquor,  of  which  part  is  spirituous  or  intoxicating 
liquor,  are  included  in  the  term  intoxicating  liquor,  and  are  within  the 
meaning  of  this  Act. 

SEC.  2.  HOME-MADE  CIDER  AND  WINE. — No  provision  of  this  Act  shall 
be  construed  to  forbid  the  making  of  cider  from  apples,  or  wine  from  grapes, 
currants,  or  other  fruit,  grown  and  gathered  in  this  State  by  the  manufac- 
turer, or  the  sale  thereof  by  him ;  but  such  manufacturer,  or  other  person 
on  his  behalf,  shall  not  sell  less  than  three  gallons  at  any  one  sale,  or  to  any 
one  person ;  and  all  sold  at  any  one  sale  shall  be  taken  away  at  the  same 
time.  Any  other  manufacture  or  sale  of  cider  or  wine  shall  be  deemed  to 
be  unlawful,  except  as  herein  provided. 

SEC.  3.  IMPORTED  LIQUOR. — No  provision  of  this  Act  shall  be  construed 
to  forbid  the  sale,  by  any  importer  thereof,  of  any  foreign  spirituous  or  in- 
toxicating liquor  imported  under  the  laws  of  the  United  States,  and  in  ac- 
cordance therewith :  Provided,  that  such  liquor,  at  the  time  of  the  sale,  re- 
mains in,  and  is  sold  in  the  original  casks  or  packages  in  which  it  was  im- 
ported, and  in  the  same  quantities ;  but  the  custom-house  certificates  of  im- 
portation, and  proofs  of  marks  on  the  casks  or  packages  corresponding  there- 
to, shall  not  be  received  as  sufficient  evidence  that  the  liquors  contained  in 
said  casks  or  packages  are  those  actually  imported  therein.  All  other  sales 
of  spirituous  or  intoxicating  liquor,  made  by  any  importer  as  such,  shall  be 
deemed  to  be  unlawful. 

SEC.  4.  MANUFACTURE  BY  AUTHORITY. — The  County  Commissioners  of 
each  county  may  give  to  any  person,  who  shall  apply  in  writing  therefor, 
authority  to  manufacture  spirituous  and  intoxicating  liquor  at  such  places, 
within  the  county,  as  the  Commissioners  may  designate,  and  to  sell  the  same 
at  such  places  only,  in  any  quantity,  to  the  duly  authorized  agents  of  the 
320 


PROHIBITORY  LAW  OF  INDIANA. 


several  counties  of  this  State.  Such  authority  shall  not  continue  more  than 
one  year  from  the  date  thereof,  and  may  at  any  time  be  revoked  by  the  Com- 
missioners. But  all  persons  engaged  in  the  manufacture  of  such  liquors  at 
the  time  of  the  passage  of  this  Act,  shall  be  entitled,  as  a  matter  of  right, 
to  such  authority,  from  the  County  Commissioners,  to  manufacture  upon  the 
terms  in  this  section  provided,  which  shall  be  renewed  from  year  to  year,  so 
long  as  such  manufacturer  shall  not  violate  any  provision  of  this  Act ;  but, 
in  case  such  manufacturer  shall  be  convicted  of  any  such  violation,  his  au- 
thority shall  cease,  and  shall  not  be  renewed.  Before  the  Commissioners 
grant  such  authority  *  the  applicant  shall  file  his  bond  with  the  Auditor  of 
the  county,  with  two  good  and  sufficient  sureties,  to  be  approved  by  the  Com- 
missioners, in  a  penalty  of  not  less  than  one  thousand  dollars,  nor  more  than 
six  thousand  dollars,  payable  to  the  State  of  Indiana,  conditioned  that  the 
applicant  will  not,  at  any  time  during  the  year  next  following,  in  any  man- 
ner or  degree,  violate  the  provisions  of  any  law  of  this  State  touching  the 
manufacture  or  sale  of  spirituous  or  intoxicating  liquor.  The  Auditor  of  the 
county  shall  cause  such  bond  to  be  put  in  suit,  upon  a  breach  of  the  condi- 
tion thereof,  in  the  Circuit  Court,  or  Court  Of  Common  Pleas  of  the  county ; 
and  if,  upon  the  trial,  the  finding  of  the  Court,  or  verdict  of  the  jury,  shall 
be  that  the  condition  of  the  bond  has  been  broken  as  charged,  the  Court 
shall  render  judgment  for  the  penalty  of  the  bond,  and  declare  the  author- 
ity of  the  applicant,  to  manufacture  and  sell  spirituous  and  intoxicating  li- 
quor, to  be  void  from  and  after  the  first  violation  of  said  condition.  And 
every  act  of  the  applicant,  in  selling  any  spirituous  or  intoxicating  liquor 
to  any  person  other  than  a  duly  authorized  county  agent,  shall  subject  the 
applicant  to  prosecution  in  the  same  manner  as  if  he  had  no  authority  from 
the  Commissioners  to  manufacture  or  sell.  The  County  Commissioners  shall 
not  grant  to  any  person  authority  to  manufacture  or  sell  any  spirituous  or 
intoxicating  liquor  who  has  been  found  guilty  of  violating  any  provisions  of 
this  Act,  or  any  other  Act  touching  the  sale  or  manufacture  of  spirituous  or 
intoxicating  liquors. 

BOND    OF    MANUFACTURER. 

Know  all  men,  that  we ,  principal,  and  we ,  tureties, 

are  held  and  firmly  bound  unto  the  State  of  Indiana,  in  the  penal  sum  of 

dollars,  for  the  payment  whereof,  well  and  truly  to  be  made  and 

done,  we  bind  ourselves,  jointly  and  severally,  firmly  by  these  presents : 
dated  this day  of ,  A.D. . 

Whereas,  The  above  bound ,  principal,  has  been  authorized,  by 

the  County  Commissioners  of  the  county  of ,  to  manufacture  spirit- 
uous and  intoxicating  liquors,  in township,  in county, 

for  the  period  of  one  year  from  this  date.  Now,  therefore,  the  above  obli- 
gation is  conditioned  that  the  said will  not,  at  any  time  during 

the  year  next  following,  in  any  manner  or  degree,  violate  the  provisions  of 
any  law  of  this  State,  touching  the  manufacture  or  sale  of  spirituous  or  in- 
toxicating liquor.  Upon  the  observance  of  the  foregoing  conditions,  this  ob- 
ligation shall  be  void,  else  to  remain  in  full  force. 

SEC.  5.  COUNTY  AGENTS.— The  County  Commissioners,  at  any  meeting 
of  their  Board,  may  appoint  some  suitable  person  or  persons  as  agent  or 
agents  of  the  county  for  the  purchase  of  pure  and  unadulterated  spirituous 
and  intoxicating  liquor,  and  for  the  sale  thereof,  within  such  county,  for 
medicinal,  chemical,  and  mechanical  uses  only,  and  pure  wine  for  sacra- 
mental use ;  and  the  Commissioners  may  remove  any  such  agent  at  pleasure, 
and,  if  necessary,  appoint  another  in  his  stead.  Not  more  than  two  such 

14*  32} 


PROHIBITORY  LAW 


agents  shall  be  appointed  in  any  one  township,  unless  the  township  contain 
over  ten  thousand  inhabitants ;  in  which  case  the  Commissioners  may  appoint 
two  agents  for  each  ten  thousand  inhabitants,  and  one  for  each  five  thousand 
over  such  ten  thousand  inhabitants.  No  innkeeper,  or  keeper  of  a  public  eat- 
ing-house, boarding-house,  grocery,  oyster  shop,  fruit  store,  bar-room,  confec- 
tionery, or  other  place  of  public  entertainment,  or  the  keeper  of,  or  interested 
in,  any  theater,  museum,  or  other  place  of  public  resort,  or  the  captain,  com- 
mander, agent,  clerk,  or  servant  of,  or  on  any  vessel,  boat,  or  water  craft  of 
any  kind,  shall  be  appointed  such  agent.  Every  agent  shall  hold  his  office 
one  year,  unless  sooner  removed ;  he  shall  sell  such  liquor  only  in  one  place, 
to  be  designated  by  the  Commissioners ;  and,  on  the  purchase  and  sale  of 
such  liquor,  he  shaft  conform  to  the  rules  prescribed  by  the  Commissioners, 
not  inconsistent  with  the  provisions  of  this  Act.  He  shall  keep  an  account 
of  .all  his  purchases  and  sales ;  the  date,  quantity,  kind,  and  price  of  the  li- 
quor, and  the  name  of  the  person  of  whom  purchased ;  and  the  date,  quan- 
tity, price,  kind  of  liquor  of  each  sale,  and  the  name  of  the  purchaser,  and 
the  use  intended,  as  stated  by  the  purchaser.  Such  account  shall  be  kept  in 
fair  legible  writing,  in  a  book  purchased  for  the  purpose,  and  shall  at  all 
times  be  open  to  public  inspection.  He  shall  exhibit  his  book  of  entries  to 
the  County  Commissioners,  whenever  required  by  them,  at  any  of  their  meet- 
ings; and  he  shall  report  to  them,  under  oath,  every  three  months,  the 
price,  quantity,  and  kinds  of  liquor  of  his  purchases  and  sales;  and  in  his 
report  he  shall  specify  the  number  of  sales,  and  the  intended  use  of  each 
sale,  as  stated  by  the  purchaser,  and  the  amount  he  has  remaining  on  hand 
at  the  end  of  each  three  months.  Each  agent  shall  receive  such  compensa- 
tion as  the  Commissioners  shall  prescribe.  He  shall  not  be  interested,  ex- 
cept as  an  inhabitant  of  the  county,  in  any  such  purchase  or  sale  made  by 
him,  or  in  any  profit  thereof.  Such  agent  shall  sell  such  liquor  at  twenty- 
five  per  cent,  over  its  cost  price,  and  no  more.  The  county  shall  not  be  lia- 
ble for  any  debt  contracted  by  such  agent,  except  as  herein  provided. 

SEC.  6.  CONDITIONS  OF  SALE. — Any  person  authorized  as  in  the  last 
section  provided,  shall  not  sell  any  liquor  to  be  used  upon  the  premises 
where  the  same  is  sold ;  but  he  may  sell  in  the  following  cases,  and  no 
other : 

1.  To  any  person  of  the  age  of  twenty-one  years,  being  of  good  character 
for  sobriety,  and  an  inhabitant  of  the  county  in  which  such  liquor  is  sold, 
or  of  a  township  or  city  adjoining  said  county ;  provided  the  person  selling 
the  same  shall  have  good  reason  to  believe  that  the  same  is  intended  by  the 
purchaser  to  be  used  for  some  one  of  the  purposes  in  the  preceding  section 
named,  and  not  to  be  sold,  disposed  of,  or  given  away,  or  to  be  used  on  the 
premises;  or, 

2.  To  any  person  authorized  to  sell  such  liquor,  as  in  the  last  section 
provided. 

SEC.  7.  PURCHASE  OF  LIQUOR  FOR  AGENTS. — The  County  Commission- 
ers of  each  county  shall  direct  the  County  Treasurer  to  pay  over  to  each  or 
any  of  the  agents  so  appointed  by  them,  such  sums  of  money,  out  of  the 
treasury,  as  they  shall  deem  proper  for  the  purchase  [of]  liquor;  or,  the 
Commissioners  may  agree  with  the  agent  to  furnish  the  liquor  necessary  for 
the  business  of  his  agency  at  his  own  expense,  the  Commissioners  paying 
such  agent  legal  interest  upon  the  money  invested,  in  addition  to  his  com- 
pensation. No  agent  shall  be  re-appointed  until  he  has  made  full  settlement 
with  the  County  Commissioners,  at  the  close  of  his  agency,  and  accounted 
for  all  money  and  profits,  in  his  hands,  belonging  to  the  county,  nor  until 
he  has  paid  over  all  such  sums  of  money,  if  required  by  the  Commissioners, 
322 


OF  INDIANA. 


as  they  shall  direct,  after  deducting  the  interest  due  him,  and  the  compen- 
sation allowed  by  the  Commissioners.  Each  agent,  at  the  close  of  his  agency, 
shall  deliver  over  all  liquor  which  he  may  have  on  hand,  connected  with  his 
agency,  to  such  other  county  agent  as  the  Commissioners,  at  any  session,  or 
the  Auditor,  in  vacation,  may  direct ;  he  shall  also  pay  over  to  the  Treas- 
urer of  the  county  all  moneys  in  his  hands  belonging  to  the  county,  retain- 
ing only  sufficient  to  pay  his  compensation,  and  the  interest  on  the  money 
that  may  have  been  invested  by  him.  When  the  agent,  whose  agency  has 
closed,  by  any  means  whatever,  has  invested  his  own  money  in  the  purchase 
of  any  liquor  which  he  has  on  hand,  he  shall  be  entitled  to  receive  from  the 
agent,  to  whom  he  delivers  such  liquor,  the  cost  price  thereof,  as  soon  as  he 
shall  account  fairly  for  all  money  that  may  have  come  into  his  hands  in  the 
course  of  his  agency.  The  County  Commissioners  shall  make  provision  for 
the  payment  of  all  such  sums  out  of  the  County  Treasury,  or  otherwise. 
If  such  agent  shall  fail  or  refuse  to  perform  any  duty  required  of  him  in 
this  section,  he  and  his  sureties  shall  be  liable,  on  the  bond  of  such  agent, 
for  all  damages  sustained  by  the  county  in  consequence  thereof,  and  such 
damages,  when  collected,  shall  be  paid  into  the  County  Treasury. 

SEC.  8.  SURETIES  OF  AGENTS. — Before  any  such  agent  shall  be  author- 
ized to  purchase  and  sell  spirituous  or  intoxicating  liquor,  as  aforesaid,  he 
shall  file  his  bond  with  the  Auditor  of  the  county,  with  two  good  and  suffi- 
cient sureties,  payable  to  the  State  of  Indiana,  in  a  penalty  of  not  less  than 
one  thousand  dollars,  nor  more  than  five  thousand  dollars,  to  be  approved 
by  the  Commissioners,  and  conditioned  that  he  will,  in  all  respects  conform 
to  the  provisions  of  the  law  in  relation  to  his  agency,  and  the  laws  of  the 
State  of  Indiana  touching  the  sale  of  spirituous  and  intoxicating  liquor. 
Upon  the  breach  of  the  condition  of  such  bond,  the  Auditor  shall  cause  the 
same  to  be  put  in  suit  in  the  Circuit  Court,  or  Court  of  Common  Pleas,  of 
the  county ;  and  if  the  Court  or  jury  shall  find,  upon  the  trial,  that  the 
condition  of  the  bond  has  been  broken,  the  Court  shall  render  judgment 
against  the  defendants  for  the  penalty  of  the  bond,  and  costs. 


BOND    OF    AGENT    TO    SELL. 


Know  all  men,  that  we,  —        — ,  as  principal,  and  we, 


sureties,  are  held  and  firmly  bound  unto  the  State  of  Indiana,  in  the  penal 

sum  of dollars,  to  the  payment  of  which  we  bind  ourselves,  jointly 

and  severally,  firmly  by  these  presents.  Dated  this day  of , 

A.D. . 

Whereas,  the  County  Commissioners  in  the  county  of — ,  have  ap- 
pointed the  above-named agent  (or  agents),  to  purchase  and  sell 

spirituous  and  intoxicating  liquor,  in  —  —  township,  in county. 

Now,  the  above  obligation  is  conditioned  that  the  said  agent  (or  agents) 
shall,  in  all  respects,  conform  to  the  provisions  of  the  law  in  relation  to  his 
(or  their),  agency,  and  the  laws  of  the  State  of  Indiana  touching  the  sale 
of  spirituous  and  intoxicating  liquor.  Upon  the  observance  of  this  condi- 
tion, this  obligation  shall  be  void,  else  to  remain  in  full  force. 

Approved  of,  etc. 

SEC.  9.  MANUFACTURE  OF  LIQUOR  A  MISDEMEANOR. — Every  person 
who  shall  manufacture  any  spirituous  or  intoxicating  liquor  in  this  State, 
in  violation  of  law,  or  without  authority  of  law,  shall  be  deemed  to  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  twenty  dollars,  nor  more  than  fifty  dollars,  for  the  first  offense ; 
nor  less  than  fifty  dollars,  nor  more  than  one  hundred  dollars,  for  the  second 
offense ;  and  one  hundred  dollars  for  any  subsequent  offense,  and  to  be  im- 

323 


PROHIBITORY  LAW 


prisoned  in  the  county  jail  thirty  days  for  each  offense  after  the  first  con- 
viction, and,  in  all  cases,  until  the  fine  and  costs  are  paid  or  rcplevied. 

SEC.  10.  SELLING  OR  GIVING  LIQUOR  A  MISDEMEANOR. — Every  person 
•who  shall,  in  violation  of  law,  or  without  authority  of  law,  by  himself  or 
agent,  directly  or  indirectly,  under  any  pretense  whatever,  sell  or  give  to 
any  person,  for-  any  valuable  consideration  whatever,  or  as  an  inducement 
to  purchase  any  article  of  value,  any  spirituous  or  intoxicating  liquor,  shall 
be  deemed  to  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  for 
the  first  offense,  shall  be  fined  in  any  sum  not  less  than  twenty  dollars,  nor 
more  than  fifty  dollars ;  and  for  the  second  offense,  not  less  than  fifty  dol- 
lars, nor  more  than  one  hundred  dollars ;  and  for  each  subsequent  offense 
one  hundred  dollars ;  and  for  each  offense  after  the  first  conviction,  shall 
be  imprisoned  in  the  county  jail  thirty  days,  and,  in  all  cases,  until  the  fine 
and  costs  are  paid  or  replevied ;  but  if  such  sale  be  made  to  a  minor,  the 
fine  shall  not  be  less  than  fifty  dollars  in  any  case. 

SEC.  11.  AGENTS  INCURRING  THE  SAME  PENALTIES. — All  clerks, 
agents,  and  servants  of  every  kind,  employed  in  selling,  or  keeping  for  sale, 
any  spirituous  or  intoxicating  liquor,  in  violation  of  law,  or  without  author- 
ity of  law,  shall  incur  the  same  penalties,  and  be  proceeded  against  and 
charged  in  the  same  manner  as  principals,  and  may  be  convicted,  whether 
the  principal  be  convicted  or  not. 

SEC.  12.  OBTAINING  LIQUOR  UNDER  FALSE  PRETENSES. — Any  person 
who  shall  purchase  any  spirituous  or  intoxicating  liquor  of  any  person  au- 
thorized by  the  Commissioners  to  sell  the  same,  under  a  false  pretense  that 
the  purchase  is  for  a  lawful  use,  with  intent  to  apply  the  same  to  an  illegal 
use,  or  if  any  person  shall  apply  any  such  liquor  to  an  illegal  use,  such  per- 
on  shall  be  deemed  to  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  in  the  sum  of  ten  dollars,  and  imprisoned  until  the 
fine  and  costs  are  paid  or  replevied. 

SEC.  13.  KEEPING  LIQUOR  FOR  SALE  A  MISDEMEANOR. — No  person 
shall  own  or  keep  any  spirituous  or  intoxicating  liquor,  with  intent  to  sell 
the  same  in  violation  of  law,  or  permit  the  same  to  be  sold  in  violation  of 
law ;  and  every  person  who  shall  own  or  keep  such  liquor,  with  any  such  in- 
tent, shall  be  deemed  to  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  for  the  first  offense,  shall  be  fined  in  any  sum  not  less  than  twenty 
dollars,  nor  more  than  fifty  dollars ;  and  for  the  second  offense,  shall  be  fined 
in  any  sum  not  less  than  fifty  dollars,  nor  more  than  one  hundred  dollars ; 
and  for  each  subsequent  offense  one  hundred  dollars ;  and  for  each  offense, 
after  the  first  conviction,  he  shall  be  imprisoned  thirty  days,  and,  in  all 
cases,  until  the  fine  and  costs  are  paid  or  replevied.  Upon  the  trial  of  every 
complaint  charging  the  defendant  with  owning,  selling,  or  keeping  for  sale 
spirituous  or  intoxicating  liquors,  in  violation  of  law,  proof  of  the  finding 
of  the  liquor,  specified  in  the  complaint,  in  possession  of  the  accused,  in  any 
place,  except  his  private  dwelling-house  or  its  dependencies  (or  in  such 
dwelling-house  or  its  dependencies,  if  the  same  be  a  tavern,  public  eating- 
house,  grocery,  or  other  place  of  public  resort),  shall  be  received  and  acted 
on  by  the  Court,  as  presumptive  evidence  that  such  liquor  was  kept  for  sale 
contrary  to  the  provisions  of  law. 

SEC.  14.  LIQUORS  FOR  SALE  A  NUISANCE,  AND  TO.  BE  FORFEITED.— All 
spirituous  and  intoxicating  liquor,  intended  by  the  owner  or  keeper  thereof 
to  be  sold  in  violation  of  law,  and  the  vessels  containing  the  same,  shall  be 
deemed  to  be  a  nuisance,  and  shall  be  forfeited  and  be  disposed  of  as  here- 
inafter provided. 

SEC.  15.  SEARCH  WARRANT. — If  any  three  persons  of  good  moral  char- 
324 


OF  INDIANA. 


acter,  residents  of  the  county,  shall  file  their  verified  complaint  or  affidavit 
with  any  mayor  or  justice  of  the  peace  of  the  county,  that  any  spirituous 
or  intoxicating  liquor  is  owned  or  kept  in  said  county,  in  any  place,  therein 
particularly  describing  the  premises,  by  any  person,  whose  name  shall  be 
stated,  if  known  to  the  deponents,  and  if  the  name  is  unknown  it  shall  be 
so  stated  in  the  complaint,  and  is  intended  to  be  sold  in  violation  of  law,  as 
the  deponents  have  reason  to  believe,  and  verily  do  believe,  the  justice  of  the 
peace,  or  mayor,  shall  issue  his  warrant,  directed  to  the  sheriff  of  the  county, 
or  to  any  constable  of  the  county,  or  marshal  of  the  city,  reciting  the  ma- 
terial part  of  said  complaint,  and  directing  the  officer  to  search  thoroughly 
the  said  place,  to  seize  the  liquor,  with  the  vessels  containing  it,  and  to  keep 
the  same  securely  until  final  action  is  had  thereon ;  whereupon  the  officer  to 
whom  the  warrant  may  be  delivered,  shall  execute  the  command  of  the  war- 
rant forthwith,  as  far  as  he  can,  and  make  return  of  his  doings  to  the  officer 
issuing  such  writ,  and  shall  securely  keep  all  liquors  so  seized  by  him,  if  any, 
and  the  vessels  containing  it,  until  final  action  is  had  thereon.  But  no  war- 
rant shall  be  issued  under  this  Act  to  search  any  dwelling-house  in  which, 
or  a  part  of  which,  no  tavern,  store,  grocery,  business  office,  shop,  boarding 
or  victualing  house,  or  public  room  of  any  kind,  is  kept,  unless  the  occupant 
thereof  shall  have  been  convicted,  as  herein  provided,  of  having  sold  liquor 
in  his  dwelling-house,  or  suffered  it  to  be  done,  within  six  months  next  pre- 
ceding the  issue  thereof. 

SEC.  16.  PROCESS  AFTER  SEIZURE. — Whenever  it  shall  appear  to  such 
justice  or  mayor,  by  the  return  of  the  officer  serving  the  warrant,  that  any 
spirituous  or  intoxicating  liquor  has  been  seized  by  the  officer,  the  justice  or 
mayor  shall  forthwith,  after  the  return,  issue  a  notice  to  all  persons  concerned 
of  the  seizure,  and  issue  a  summons  commanding  the  person  so  keeping  or 
owning  the  liquors  so  seized,  as  aforesaid,  to  appear  before  him,  at  his  office, 
at  a  time  to  be  specified,  not  less  than  three,  nor  more  than  twenty  days  from 
the  service  thereof,  to  show  cause,  if  any  he  has.  why  such  liquor,  so  seized, 
as  aforesaid,  with  the  vessels  containing  it,  shall  not  be  forfeited,  and  the 
liquor  destroyed ;  and  the  officer  to  whom  the  summons  shall  be  directed 
shall  serve  the  same  forthwith,  by  reading  to  the  person  named  therein,  or 
by  leaving  a  copy  thereof  at  his  place  of  residence,  if  he  reside  in  the  county, 
and  by  posting  a  copy  of  the  notice  in  some  conspicuous  place  on  the  prem- 
ises where  said  liquor  was  seized.  If  the  name  of  the  person  owning  ^r 
keeping  said  liquor  shall  be  unknown  to  the  justice,  he  shall  issue  a  notice 
only  of  the  seizure  of  such  liquor  to  all  persons  concerned,  a  copy  of  which 
shall  be  posted  up,  by  the  officer  serving  the  same,  in  some  conspicuous  place 
on  the  premises  where  the  liquor  was  seized,  not  less  than  three,  nor  more 
than  twenty  days  before  the  day  set  for  trial. 

SEC.  17.  TRIAL  BY  JURY. — At  the  time  and  place  set  for  trial,  the  per- 
son accused,  and  any  other  parson  claiming  an  interest  in  the  liquor  seized, 
may  appear  as  defendant,  and  show  cause,  if  any  he  has,  why  the  liquor 
seized  should  not  be  forfeited.  No  pleading  shall  be  required  by  the  defend- 
ant but  a  denial  of  the  charges  in  the  complaint,  and  under  such  plea 
tke  defendant  may  give  in  evidence  all  matters  of  defense.  Either  party 
may  demand  a  jury  of  any  number  not  exceeding  twelve  men,  or  the  cause 
may  be  tried  by  the  justice  or  mayor  where  no  jury  is  demanded.  If  the 
jury,  or  the  justice  or  mayor  trying  the  cause,  find  that  the  liquor,  or  any 
part  of  it,  was  kept  for  the  purpose  of  sale,  in  violation  of  law,  the  justice 
or  mayor  shall  enter  judgment  that  the  liquor  was  so  seized  as  aforesaid,  or 
so  much  thereof  as  was  kept  for  such  purpose,  and  the  vessels  containing  it, 
are  a  nuisance,  and  that  ths  same  be  forfeited,  and  that  such  liquor  be  de- 

325 


PROHIBITORY  LAW 


stroyed.  If  no  person  appear  at  the  trial,  after  the  notice  has  been  posted 
up,  and  the  summons,  if  one  has  been  issued,  has  been  served  as  above  pro- 
vided, the  cause  shall,  in  like  manner,  be  tried  by  a  jury,  or  the  justice  or  mayor, 
and  if  it  is  found  that  the  liquor  seized,  or  any  part  thereof,  was  kept  for 
sale  in  violation  of  law,  a  like  judgment  shall  be  rendered  as  above  provided. 

SEC.  18.  FORFEITED  LIQUOR  TO  BE  DESTROYED. — Whenever  judgment  is 
rendered  that  the  liquor  so  seized,  as  aforesaid,  is  forfeited,  the  justice,  or 
mayor,  or  court  rendering  final  judgment  of  forfeiture,  shall  issue  an  order 
to  the  proper  officer,  directing  him  to  destroy  said  liquor,  and  to  sell  the  ves- 
sels containing  it  as  other  property  is  sold  on  execution,  without  appraise- 
ment, and  the  proceeds  of  such  sale  shall  be  applied  to  the  payment  of  the 
costs  of  the  proceedings  in  the  case.  The  officer  shall  execute  such  order, 
and  return  it,  as*required  by  this  Act,  with  his  doings  indorsed  thereon. 

SEC.  19.  RESTORATION  OF  SEIZED  LIQUOR. — Whenever  it  is  decided  that 
liquor  so  seized  is  not  liable  to  forfeiture,  the  justice,  mayor,  or  court  trying 
the  cause  shall  issue  an  order  to  the  proper  officer  to  restore  the  said  liquor, 
with  the  vessels  containing  it,  to  the  place  where  it  was  seized.  The  proper 
officer  shall,  at  the  expiration  of  three  days,  execute  the  order,  and  make 
return  thereof  with  his  proceedings  indorsed  thereon,  if  no  appeal  is  taken 
by  the  State. 

SEC.  20.  CONTRIVANCES  FOR  EVADING  THE  LAW. — Every  device  or  con- 
trivance made  use  of  to  deal  out  or  sell  intoxicating  liquor  to  customers,  and 
at  the  same  time  to  concealer  disguise  the  person  selling  or  dealing  out  such  li- 
quor, with  intent  to  prevent  the  purchaser  from  identifying  the  person  selling 
or  dealing  out  such  liquor,  is  hereby  declared  to  be  a  nuisance,  and  every  mayor 
of  a  city,  justice  of  the  peace,  or  court  of  common  pleas,  may,  upon  complaint 
made  under  oath,  cause  notice  to  be  given  to  the  owner  or  tenant  of  the  place 
where  such  device  or  contrivance  is  used,  and,  after  three  days'  notice,  try 
the  cause,  and  if  the  mayor,  justice,  or  court,  or  jury  trying  the  cause,  find 
that  such  nuisance  exists,  such  mayor,  justice,  or  court  shall  order  the 
proper  officer  to  abate  the  nuisance  by  the  destruction  or  removal  of  device 
or  contrivance  resorted  to.  The  proper  officer  shall  execute  such  order  forth- 
with, and  return  it  with  his  doings  indorsed  thereon. 

SEC.  21.  CONTRIVING  TO  EVADK  THE  LAW  A  MISDEMEANOR. — Every 
person  who  shall  resort  to  any  such  device  or  contrivance  specified  in  the 
next  preceding  section,  for  the  purposes  therein  specified,  shall  be  deemed  to 
be 'guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars,  and 
imprisoned  in  the  county  jail  not  less  than  thirty  days,  nor  more  than  ninety 
days,  and  until  the  fines  and  costs  are  paid  or  replevied. 

SEC.  22.  ARREST  AND  SEIZURE. — It  shall  be  the  duty  of  every  sheriff, 
deputy  sheriff,  constable,  marshal,  or  policeman,  to  arrest  any  person  whom 
he  shall  see  actually  engaged  in  any  violation  of  this  Act,  and  to  seize  all  li- 
quors kept  in  violation  thereof,  at  the  time  and  place  of  the  commission  of 
such  offense,  together  with  the  vessels  containing  the  same,  and  to  forthwith 
take  such  person  before  any  magistrate  of  the  county,  to  be  dealt  with  ac- 
cording to  law,  and  to  store  such  liquor  and  vessels,  so  seized,  in  some  safe 
and  convenient  place,  to  be  disposed  of  as  in  this  Act  provided.  It  shall  be 
the  duty  of  every  officer  by  whom  any  arrest  and  seizure  shall  be  made, 
under  this  section,  to  make  complaint,  on  oath,  before  such  magistrate, 
against  the  person  or  persons  arrested,  and  to  prosecute  such  complaint  to 
judgment  and  execution.  It  shall  be  the  duty  of  every  such  officer,  when- 
ever he  shall  see  any  intoxicated  parson  in  any  public  place,  or  disturbing 
the  public  peace  and  quiet,  to  apprepend  such  psrson  and  take  him  before 
326 


OF  INDIANA. 


some  magistrate ;  and  if  such  magistrate  shall  deem  him  too  much  intoxi- 
cated to  be  examined,  or  to  answer,  upon  oath,  correctly,  he  shall  direct 
such  officer  to  keep  such  intoxicated  person  in  some  safe  and  convenient 
\  to  be  designated  by  such  magistrate,  until  he  shall  become  sober,  and 
thereupon,  forthwith  to  bring  him  before  such  magistrate ;  and  such  magis- 
trate shall  then  administer  to  such  person  an  oath  or  affirmation,  and  ex- 
amine him  for  the  purpose  of  ascertaining  whether  any  offense  has  been  com- 
mitted against  any  provision  of  this  Act,  by  any  other  person  ;  and  if  such 
witness  refuse  to  answer  any  question  propounded  by  such  magistrate, 
touching  such  offense,  he  shall  be  imprisoned  in  the  county  jail  until  he 
consents  to  answer.  If  such  witness  shall  disclose  any  violation  of  this  Act, 
the  magistrate  shall  reduce  such  examination  to  writing,  in  the  form  of  a 
complaint  against  the  person  so  offending,  which  said  witness  shall  sign,  un- 
der the  penalty  aforesaid,  and  verify  the  same  by  his  oath  or  affirmation. 

SEC.  23.  DRUGGED  LIQUORS. — If  any  person  shall  mix  drugs  with  any 
spirituous  or  intoxicating  liquor,  to  sell  the  same  to  be  used  as  a  beverage,  or 
shall  keep  for  sale,  or  sell  any  drugged  liquor,  to  be  used  as  a  beverage,  he 
shall  be  deemed  to  be  guilty  of  a  misdemeanor ;  and,  upon  conviction  thereof, 
he  shall  be  fined  in  any  sum  not  less  than  twenty-five  dollars,  nor  more  than 
two  hundred  dollars,  and  be  imprisoned  in  the  county  jail  thirty  days,  and 
until  the  fine  and  costs  are  paid  or  replevied.  The  possession  of  such  drug- 
ged liquor,  with  the  usual  vessels  and  furniture  for  selling  liquor,  shall  be 
presumptive  evidence  that  such  drugged  liquor  was  kept  for  the  purpose  of 
illegal  sale. 

SEC  24.  HABITUAL,  DRINKERS  INCOMPETENT  FOR  JURYMEN. — No  per- 
son who  shall,  at  the  time,  be  an  habitual  drinker  of  intoxicating  liquor,  or 
"who  shall  have  been  engaged  in  the  unlawful  manufacture  or  sale  of  intoxi- 
cating liquor,  or  who  shall  have  kept  any  intoxicating  liquor  for  unlawful 
sale,  shall,  within  one  year  thereafter,  be  a  competent  juror  in  the  trial  of 
any  prosecution,  under  the  laws,  touching  the  unlawful  manufacture,  sale, 
or  keeping  for  sale,  of  any  spirituous  or  intoxicating  liquors.  Any  person 
summoned  as  a  juror  may  be  inquired  of,  under  oath,  as  to  his  competency 
relative  to  the  matters  specified  in  this  section ;  and,  the  person  inquired  of 
shall  make  full  and  true  answers,  but  his  answers  shall  not  be  used  against 
him  in  any  prosecution  for  the  same  matter ;  or,  he  may  decline  to  answer, 
in  which  case  he  shall  be  set  aside  as  incompetent. 

SEC.  25.  CONTRACTS  AND  BILLS  VOID. — All  contracts,  notes,  bills,  bonds, 
deeds,  and  mortgages  made  in  consideration  of  the  illegal  sale  of  intoxicating 
liquor,  shall  be  absolutely  void ;  and  all  contracts,  notes,  bills,  bonds,  deeds, 
and  mortgages  made  in  part  consideration  of  the  illegal  sale  of  intoxicating 
liquor,  shall  be  void  so  far  as  the  illegal  consideration  is  concerned.  All 
money,  and  every  article  of  value  of  every  kind,  or  the  value  thereof  paid 
or  transferred  for  the  illegal  sale  of  intoxicating  liquor,  may  be  recovered 
by  the  person  paying  or  transferring  the  same. 

SEC.  26.  MECHANICAL  AND  CHEMICAL  PURPOSES. — Nothing  contained  in 
this  Act  shall  be  so  construed  as  to  prohibit  the  manufacture  or  keeping  for  sale, 
or  the  sale  of  burning  fluids  of  any  kind,  perfumery,  essences,  chemicals, 
dyes,  paints,  varnishes,  cosmetics,  solutions  of  medicinal  drugs,  medicinal 
compounds,  or  any  other  article  which  may  be  compounded  in  part  of  alcohol 
or  other  spirituous  liquors,  if  not  adapted  to  use  as  a  beverage.  Provided, 
however,  that  if  such  article  is  capable  of  being  used,  or  is  intended  to  be 
used  as  a  beverage,  or  in  evasion  of  said  Act,  the  manufacture  or  keeping  for 
sale,  or  sale  thereof,  shall  be  deemed  a  violation  of  this  Act. 

SEC.  27.  CITY  AND  DISTRICT  ATTORNEY  TO  PROSECUTE. — It  shall  be 

327 


PROHIBITORY  LAW 


the  duty  of  the  city  attorney  to  prosecute  all  suits  under  this  Act,  which 
may  be  brought  before  the  mayor  of  any  city ;  and  it  shall  be  duty  of  the 
District  Attorney,  by  himself,  or  by  deputy,  to  prosecute  all  suits  under  this 
Act,  which  may  be  brought  before  a  Justice  of  the  Peace,  or  before  the  Court 
of  Common  Pleas  of  the  county  or  district,  and  to  prosecute  all  appeals  of 
suits  under  this  Act,  in  the  circuit  courts  and  courts  of  common  pleas  of 
his  county  or  district ;  and  where  there  is  no  city  attorney  he  shall  prose- 
cute all  suits  under  this  Act,  before  the  mayor  of  any  city. 

SEC.  28.  COURTS  AND  JUSTICES.— Courts  of  common  pleas,  justices  of  the 
peace,  and  mayors  of  cities  shall  have  original  concurrent  jurisdiction  of  all 
offenses  against  the  provisions  of  this  Act.  The  jurisdiction  of  mayors  and 
of  justices  of  the  peace  shall  extend  throughout  the  country. 

SEC.  29.  COMPLAINT  UNDER  OATH. — Every  prosecution  under  this  Act 
before  a  justice  of  the  peace,  or  mayor  of  a  city,  shall  be  upon  complaint 
under  oath  or  affirmation ;  and  every  prosecution  under  this  Act  in  the 
Court  of  Common  Pleas,  shall  be  upon  complaint  under  oath  or  affidavit  and 
on  information  founded  thereon. 

SEC.  30.  ASSESSMENT  OF  COSTS. — Costs  shall  be  assessed  in  proceedings 
under  this  Act  as  in  other  criminal  cases,  except  when  otherwise  provided ; 
but  in  all  cases  of  conviction  a  docket  fee  of  five  dollars  shall  be  taxed  in 
favor  of  the  Attorney  who  prosecutes  such  case ;  and,  in  the  absence  of  the 
prosecuting  attorney,  the  court  trying  such  cause  is  authorized  to  appoint 
an  attorney  to  prosecute  such  complaint.  In  case  of  final  conviction  in  any 
appellate  court,  the  accused  party  shall  pay  all  costs,  including  docket  fees, 
which  may  have  been  assessed  against  him  in  the  inferior  court  or  courts. 

SEC.  31.  CLAIM  NOT  VALID  EXCEPT  ON  TRIAL. — If  any  person  claiming 
any  interest  in  any  spirituous  or  intoxicating  liquor  seized  as  a  nuisance, 
and  having  knowledge  or  notice,  as  required  by  this  Act,  of  the  seizure,  shall 
not  assert  his  claim  upon  the  trial,  he  shall  be  deemed  to  have  waived  his 
claim,  and  shall  not  afterward  assert  any  right  thereto  whatever,  or  any 
claim  for  damages.  Judgment  of  forfeiture  against  any  spirituous  or  intox- 
icating liquor,  under  the  provisions  of  this  Act,  shall  operate  as  a  judgment, 
in  rem,  and  the  validity  of  such  judgment  shall  not  be  contested,  or  ques- 
tioned in  any  action,  in  any  court,  by  any  person,  except  by  appeal  of  the 
cause  in  which  the  judgment  of  forfeiture  is  declared ;  and  no  court  shall 
take  jurisdiction  of  any  action  of  replevin  or  any  other  action  to  try  the 
validity  of  the  proceedings  in  which  the  forfeiture  is  declared,  except  as 
herein  provided. 

SEC.  32.  APPEAL  WITHIN  THIRTY  DAYS.— Any  person  feeling  aggrieved 
by  any  judgment  of  the  Mayor  of  a  city,  or  Justice  of  the  Peace,  may  ap- 
peal, within  thirty  days,  to  the  Court  of  Common  Pleas,  or  Circuit  Court  of 
the  county,  but  the  appellant  shall,  before  the  appeal  is  granted,  enter  into 
a  recognizance  before  the  Justice  or  Mayor,  with  approved  security  in  the 
ponal  sum  of  twice  the  amount  of  the  judgment  and  costs,  conditioned  that 
the  appellant  will  personally  appear  in  the  appellate  court,  and  pay  the  judg- 
ment and  costs  that  may  be  rendered  against  him,  and  abide  the  order  of 
the  court,  and  not  depart  without  leave. 

SEC.  33.  PROCESS  AFTER  APPEAL. — When  any  appeal  is  taken,  the 
magistrate  shall  forthwith  make  out  a  fair  transcript  of  the  proceedings,  and 
file  it  with  all  the  papers  in  the  cause,  and  the  appellate  court  shall  try  the 
cause  with  or  without  a  jury,  and  render  a  judgment,  and  enforce  it  accord- 
ing to  the  provisions  of  this  Act. 

SEC.  34.  CUSTODY  OF  SEIZED  LIQUOR. — Whenever  any  spirituous  or  in- 
toxicating liquor  is  seized  as  a  nuisance  under  any  provision  of  this  Act,  the 
328 


OF  INDIANA. 


officer  seizing  it  shall  keep  the  same  safely  in  some  secure  place  until  final 
judgment ;  and  if  judgment  of  forfeiture  be  given  against  such  liquor,  or  any 
part  of  it,  he  shall  deposit  such  liquor  with  the  County  Agent,  duly  appoint- 
ed to  sell  intoxicating  liquor,  for  safe  keeping,  and  take  his  receipt  therefor 
for  safe  keeping;  and  if  no  appeal  is  taken  within  thirty  days,  the  officer 
shall  return  the  receipt  for  safe  keeping,  and  take  and  destroy  the  liquor 
under  the  order  of  the  Court  trying  the  cause.  But  if  any  appeal  is  taken, 
the  officer  shall  return  his  order  to  the  proper  Court,  indorsed  that  he  had 
delivered  the  liquor  so  seized  to  the  County  Agent  for  safe  keeping,  and  the 
County  Agent  shall  keep  such  liquor  subject  to  the  order  of  the  appellate 
court.  Whenever  judgment  is  given  against  the  State  upon  the  seizure  of 
such  liquor  as  a  nuisance,  the  attorney  prosecuting  the  action,  or  the  district 
attorney,  may  cause  the  action  to  be  taken  to  the  appellate  court  upon  ap- 
peal, at  any  time  within  three  days,  without  any  bond  being  filed  on  the 
part  of  the  State.  And  the  officer  seizing  the  liquor  shall  not  return  it  to 
the  place  of  seizure  until  the  expiration  of  three  days;  and  upon  an  appeal 
being  taken  on  the  part  of  the  State,  he  shall  deposit  the  liquor  seized  with 
the  County  Agent  for  safe  keeping,  and  make  his  return  accordingly.  When- 
ever final  judgment  is  given  against  the  State  in  such  cause,  that  the  liquor 
so  seized  is  not  a  nuisance,  and  not  subject  to  forfeiture,  the  county  shall 
pay  the  costs  of  the  seizure,  carriage,  safe  keeping,  and  return  of  the  liquors, 
and  the  fees  of  officers,  jurors,  and  witnesses  in  such  cause ;  but  the  county 
shall  be  liable  for  no  other  costs  in  any  case  except  the  keeping  of  persons 
under  arrest  and  imprisonment  for  a  violation  of  this  Act,  as  in  other  cases. 

SEC.  35.  DEFECT  IN  BOND. — No  defect  in  bond,  or  writing,  or  recogniz- 
anee,  with  security  required  by  this  Act,  shall,  in  any  manner,  invalidate 
the  same,  but  the  person  executing  it  shall  be  bound  to  the  full  extent  of  the 
law  requiring  the  bond,  writing,  or  recognizance. 

SEC.  36.  BREACH  OF  CONDITIONS  IN  AGENT. — Every  person  who  has 
been  authorized  to  manufacture  spirituous  and  intoxicating  liquor,  and  given, 
bond  with  sureties  therefor ;  and  every  person  who  has  been  appointed  an 
Agent  to  purchase  and  sell  spirituous  and  intoxicating  liquor,  and  has  given 
bond  and  security  therefor,  as  required  by  law,  may  be  prosecuted  in  the 
circuit  court  or  court  of  common  pleas  with  his  surety  upon  his  bond,  for  a 
breach  of  the  condition  thereof,  and  may  be  prosecuted  in  a  criminal  proceed- 
ing for  a  violation  of  the  law  at  the  same  time ;  and  if  he  is  found  guilty 
and  fined  for  a  violation  of  the  law,  and  the  penalty  of  his  bond  shall  be 
declared  forfeited  for  the  same  violation  of  law,  any  payment  made  upon  the 
fine  imposed  in  the  criminal  case  shall  be  credited  upon  the  judgment  rend- 
ered upon  the  bond. 

SEC.  37.  THE  NUMBER  OF  THE  OFFENSE  NEED  NOT  BE  SPECIFIED. — It 
shall  not  be  necessary  in  any  complaint,  affidavit,  or  information  under  tho 
provisions  of  this  Act,  to  allege  that  the  offense  charged  was  a  second,  third, 
or  any  subsequent  offense  by  the  accused  person  against  the  same  provision 
of  this  Act,  but  if  it  shall  appear  in  evidence  upon  the  trial  that  the  person 
accused  has  been  before  convicted  of  the  same  offense  with  which  he  stands 
charged,  the  Mayor,  Justice,  or  Court  shall  render  judgment  accordingly. 

SEC.  38.  SINGULAR  AND  PLURAL.— In  the  construction  of  this  Act,  words 
importing  the  singular  number  only  may  also  be  applied  to  the  plural  of 
persons  and  things ;  and  words  importing  the  masculine  gender  only  may  be 
extended  to  females  also. 

SEC.  39.  FORMER  ACTS  REPEALED. — All  acts  and  parts  of  acts  incon- 
sistent with  the  provisions  of  this  Act,  are  hereby  repealed  ;  but  such  repeal 
of  any  former  Act  shall  not  affect  any  suit,  proceeding,  or  prosecution  com- 

329 


PROHIBITORY  LAW  OF  INDIANA. 


menced  or  prosecuted  under  the  same ;  and  all  such  suits,  proceedings,  and 
prosecutions  now  pending  shall  be  prosecuted  to  final  judgment  and  execu- 
tion in  the  same  manner  as  if  such  laws  were  not  repealed. 

SEC.  40.  MAGISTRATES  DEFINED. — The  term  magistrate  as  used  in  this 
Act  includes  Justices  of  the  Peace,  Mayors  of  cities,  and  Judges  of  the 
Courts  of  Common  Pleas  during  the  sitting  of  said  Courts. 

SEC.  41.  No  LIQUORS  TO  BE  GIVEN  AWAY. — No  spirituous  or  intoxicating 
liquors  shall  be  given  away,  or  be  kept  with  intent  to  be  given  away,  in  any 
tavern,  boarding-house,  public  eating  house,  grocery,  oyster  shop,  store,  bar- 
room, confectionery,  or  other  place  of  public  entertainment ;  or  in  any  the- 
ter,  museum,  or  other  place  of  public  resort ;  or  on  any  steamboat,  or  other 
craft,  carrying  passengers ;  and  for  any  violation  of  this  section,  the  person 
so  offending  shall  be  fined  [to]  the  same  extent  as  for  selling  such  liquor 
contrary  to  this  Act. 

SEC.  42.  WHEN  TAKE  EFFECT. — This  Act  shall  take  effect  and  be  in  force 
from  and  after  the  twelfth  day  of  June  next ;  and  the  Secretary  of  State 
shall  cause  one  thousand  copies  thereof  to  be  printed  in  pamphlet  form,  as 
soon  as  practicable,  and  transmit  three  copies  of  the  same  to  the  Clerk  of 
each  of  the  Circuit  Courts  of  this  State,  who  shall  file  the  same  in  his  office  ; 
and  said  Clerk  shall  immediately,  upon  the  reception  of  such  copies,  forward 
a  certificate,  under  the  seal  of  such  Court,  to  the  Secretary  of  State,  and  a 
like  certificate  to  the  Governor,  of  the  time  of  the  filing  of  this  Act  in  his 
office ;  and  when  such  certificate  has  been  received  from  all  the  counties  of 
this  State,  the  Governor  shall  publish  his  proclamation,  stating  such  fact, 
•which  shall  be  received  in  evidence,  in  all  the  Courts  in  this  State,  of  the 
fact  of  such  filing. 

ASHBEL  P.  WILLARD, 

President  of  the  Senate. 
DAVID  KILGORE, 
Speaker  of  the  House  of  Rep's. 

Approved  February  16th,  1855. 

JOSEPH  A.  WRIGHT. 

STATE  OF  INDIANA  :      j 
Office  of  the  Secretary  of  State— To  WIT  :  f 

I  hereby  certify  that  the  above  and  foregoing  Act  of  the  Legislature  of 
said  State,  is  a  correct  copy  of  the  enrollment  now  on  file  in  my  office,  except 
words  inserted  [thus]  in  order  to  aid  the  sense. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  affixed  the  Seal 
of  State  at  the  City  of  Indianapolis,  this  14th  day  of  March,  A.  D.  1855. 
[L.  S.]  ERASMUS  B.  COLLINS, 

Secretary  of  State. 
330 


TEE 

PROHIBITORY   LIQUOR   LAW 


or 

MAINE. 


AN   ACT  FOR   THE   SUPPRESSION   OF   DRINKING  HOUSES  AND 
TIPPLING  SHOPS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in  Legislature 
assembled,  as  follows: 

SEC.  1.  MANUFACTURE  AND  SALE  PROHIBITED. — The  manufacture,  sale, 
keeping  or  depositing  for  sale  of  intoxicating  liquors,  is  prohibited  except  as 
is  hereinafter  provided.  The  term  intoxicating  liquor  used  in  the  Act,  means 
and  includes  every  liquid  preparation  that  will  produce  intoxication.  No 
such  liquor  shall  be  sold  except  for  medicinal  and  mechanical  uses,  by  agents 
duly  appointed  for  that  purpose,  as  in  this  Act  is  provided.  Such  agents 
may  sell  to  the  Selectmen  of  towns,  the  Mayor  and  Aldermen  of  cities,  and 
to  the  assessors  of  plantations,  for  the  supply  of  agencies  as  established  by 
this  Act,  in  their  respective  cities,  towns,  and  plantations.  No  other  person 
shall  sell  such  liquors  for  any  purpose.  Agents  may  be  appointed  under 
this  Act  by  the  Mayor  and  Alderman  of  cities,  the  Selectmen  of  towns,  and 
the  assessors  of  plantations,  in  their  respective  cities,  towns,  and  plantations, 
as  soon  after  the  first  day  of  May  next  as  may  be,  who  shall  hold  their  office 
until  others  are  appointed  under  this  Act  in  their  places,  unless  sooner  re- 
moved, as  by  this  Act  is  provided.  No  more  than  one  such  agent  shall  be 
appointed  in  any  city  or  town  for  the  same  term  of  time.  Such  agent  may 
be  appointed  by  the  Mayor  and  Aldermen  of  cities,  and  the  Selectmen  of 
towns,  and  assessors  of  plantations,  as  soon  after  the  annual  March  meeting 
in  each  year  as  may  conveniently  be  done.  He  shall  hold  his  office  one  year, 
and  until  another  is  appointed  in  his  place,  unless  sooner  removed.  The  ap- 
pointing board  have  the  power  of  removal.  Vacancies  by  removal  or  other- 
wise shall  be  filled  as  soon  as  may  be.  His  compensation  shall  be  such  as 
the  board  shall  prescribe.  He  shall  conform  to  such  rules  and  regulations 
in  the  sales  of  liquors  as  this  Act  provides,  and  as  the  board  shall  in  writ- 
ing prescribe,  not  inconsistent  with  this  Act ;  which  rules  and  regulations, 
and  also  his  appointment,  shall  be  in  writing,  and  shall  within  seven  days 
after  the  appointment  be  recorded  in  the  records  of  such  city  or  town.  He 
shall  sell  only  for  cash,  and  shall  keep  an  accurate  account  of  all  purchases 
made  for  him  by  the  Selectmen,  assessors,  or  Mayor  and  Aldermen  of  his 
city,  town,  or  plantation,  with  the  date,  the  quantity  and  price  of  each  pur- 
chase or  parcel ;  also,  of  every  sale  by  him  made,  with  the  name  of  the  pur- 

331 


PROHIBITORY  LAW 


chaser,  the  purpose  for  which  purchased,  the  quantity,  price,  and  date  of 
the  sale,  which  account  shall  always  be  open  to  the  inspection  of  the  appoint- 
ing board.  He  shall  annually,  on  the  first  day  of  December,  make  a  report, 
by  him  signed  and  sworn  to,  to  the  board  appointing  him,  of  the  quantity  of 
each  kind  of  liquor  sold  by  him  under  this  Act  for  the  year  ending  that  day, 
and  of  the  amount  of  money  received  for  the  same,  and  the  said  board  shall, 
before  the  20th  day  of  said  December,  transmit  a  certified  copy  of  the  same 
to  the  Secretary  of  State,  to  be  by  him  laid  before  the  legislature.  He  shall 
sell  to  no  one  unless  he  knows  him  to  be  an  inhabitant  of  his  city,  town,  or 
plantation.  He  shall  not  sell  to  any  minor,  servant,  or  apprentice,  without 
the  written  order  of  his  parent,  guardian,  or  master,  nor  to  any  intemper- 
ate person,  nor  to  any  Indian.  He  shall  not  sell  to  any  person  by  reason  of 
having  himself  prescribed  the  medical  use  of  the  liquors  sold.  He  shall  have 
no  interest  in  the  liquor  sold,  nor  in  the  profits  of  the  agency.  He  shall  be  a 
person  of  sober  life,  and  not  addicted  to  the  use  of  intoxicating  liquors.  No 
one  who  has  been  convicted  of  selling  liquor  contrary  to  law  shall  be  ap- 
pointed such  agent.  No  innholder,  tavern-keeper,  or  trader  shall  be  ap- 
pointed such  agent.  He  shall,  whenever  requested  by  any  Justice  of  the 
Peace  of  his  County,  exhibit  to  him  his  said  appointment,  and  the  said  ac- 
counts of  the  purchases  and  sales,  and  permit  him  to  take  minutes  or  copies 
of  the  same.  If  the  Justice  find  that  he  has  violated  any  of  the  provisions 
of  this  Act,  he  may  require  the  appointing  board  to  inquire  into  the  charge, 
and  to  remove  him  if  sufficient  cause  appear,  and  to  put  his  bond  in  suit. 
If  such  agent  knowingly  violate  any  of  the  provisions  or  restrictions  of  this 
section,  he  shall  be  liable  to  be  indicted  and  punished  as  a  common  seller. 
Before  entering  upon  the  duties  of  his  office,  he  shall  give  a  bond  to  the 
city,  town,  or  plantation,  with  two  good  and  sufficient  sureties,  in  a  sum 
not  less  than  six  hundred  dollars*  which  bond  shall  be  in  substance  as 
follows : 

Know  all  men,  that  we,  as  principal,  and  and 

as  sureties,  are  holden  and  stand  firmly  bound  to  the  inhabitants  of  the 
town  of  (or  city,  as  the  case  may  be),  in  the  sum  of  hun- 

dred dollars,  to  be  paid  to  them,  to  which  payment  we  bind  ourselves,  our 
heirs,  executors,  and  administrators,  firmly  by  these  presents.  Sealed  with 
our  seals,  and  dated  this  day  of  ,  A.D. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above  bounden 

has  been  duly  appointed  an  agent  for  the  town  (or  city)  of  , 

to  sell  within,  and  for  and  on  account  of  said  town  (or  city),  intoxicating 

liquors  for  medicinal  and  mechanical  purposes,  and  no  other,  until  the 

of  ,  A  D.          ,  unless  sooner  removed  from  said  agency. 

Now  if  the  said  shall  in  all  respects  conform  to  the  provisions  of 

the  law  relating  to  the  business  for  which  he  is  appointed,  and  to  such  rules 
and  regulations  as  now  are  or  shall  be  from  time  to  time  established  by  the 
board  making  the  appointment,  then  this  obligation  to  be  void ;  otherwise  to 
remain  in  full  force.  The  Mayor  and  Aldermen  of  any  city,  and  the  Select- 
men of  any  town,  and  assessors  of  any  plantation,  whenever  complaint  shall 
be  made  to  them  that  a  breach  of  the  conditions  of  the  bond  given  by  any 
person  appointed  under  this  Act,  has  been  committed,  shall  notify  the  per- 
son complained  of,  and  if  upon  a  hearing  of  the  parties  it  shall  appear  that 
any  breach  has  been  committed,  they  shall  revoke  and  make  void  his  ap- 
pointment. And  whenever  any  breach  of  any  bond  given  to  the  inhabitants 
of  any  city  or  town  in  pursuance  of  any  of  the  provisions  of  this  Act  shall 
be  made  known  to  the  Mayor  and  Aldermen,  or  Selectmen,  or  shall  in  any 
manner  come  to  their  knowledge,  they  or  some  one  of  them  shall,  at  the  ex- 
332 


OF  MAINE. 


pense  and  for  the  use  of  said  city  or  town,  cause  the  bond  to  be  put  in  suit 
in  any  court  proper  to  try  the  same. 

SEC.  2.  FINES  AND  IMPRISONMENT  FOR  SALE. — If  any  person  shall,  by 
himself,  clerk,  servant,  or  agent,  at  any  time  sell  any  intoxicating  liquors 
in  violation  of  the  provisions  of  this  Act,  he  shall,  for  the  first  conviction, 
pay  a  fine  of  twenty  dollars  and  costs,  and  be  imprisoned,  thirty  days ;  for 
the  second  conviction,  he  shall  pay  a  fine  of  twenty  dollars  and  costs,  and 
be  imprisoned  sixty  days;  for  the  third  conviction,  he  shall  pay  a  fine  of 
twenty  dollars  and  costs,  and  be  imprisoned  ninety  days ;  for  the  fourth  and 
every  subsequent  conviction,  he  shall  be  deemed  a  common  seller,  and  he 
shall  pay  a  fine  of  two  hundred  dollars  and  costs,  and  be  imprisoned  six 
months  in  the  common  jail  or  house  of  correction ;  and  in  default  of  the 
payment  of  the  fines  and  costs  prescribed  by  this  section,  for  the  first  and 
second  and  third  conviction,  the  convict  shall  not  be  entitled  to  the  benefit 
of  chapter  one  hundred  and  seventy-five  of  the  Revised  Statutes,  until  he 
shall  have  been  imprisoned  two  months ;  and  in  default  of  payment  of  fines 
and'  costs  provided  for  in  the  fourth  and  every  subsequent  conviction,  he 
shall  not  be  entitled  to  the  benefit  of  said  chapter  one  hundred  and  seventy- 
five  of  the  Revised  Statues,  until  he  shall  have  been  imprisoned  four  months 
after  the  said  six  months.  And  if  any  clerk,  servant,  agent,  or  other  per- 
son in  the  employment  or  in  the  premises  of  another,  shall  violate  any  of  the 
provisions  of  this  section,  he  shall  be  held  equally  guilty  with  the  principal, 
and  on  conviction  shall  suffer  the  same  penalty. 

SEC.  3.  FINES  AND  IMPRISONMENT  FOR  MANUFACTURING. — No  person 
shall  be  allowed  to  be  a  manufacturer  of  any  intoxicating  liquor,  on  pain  of 
forfeiting  on  the  first  conviction  the  sum  of  two  hundred  dollars  and  costs 
of  prosecution,  and  six  months'  imprisonment  in  the  common  jail  or  house  of 
correction;  and  on  the  second  conviction,  the  person  so  convicted  shall  pay 
the  sum  of  four  hundred  dollars  and  costs  of  prosecution,  and  shall  be  im- 
prisoned nine  months  in  the  common  jail  or  house  of  correction ;  and  on  the 
third  and  every  subsequent  conariction,  shall  pay  the  sum  of  one  thou- 
sand dollars  afld  costs,  and  shall  be  imprisoned  one  year  in  the  State 
Prison ;  said  penalties  to  be  recovered  by  indictment  in  any  court  of  compe- 
tent jurisdiction. 

SEC.  4.  REGULATIONS  REGARDING  APOTHECARIES. — No  apothecary  or 
druggist  shall  keep  or  use  any  such  liquors  for  any  other  purpose  than  th-^ 
preparation  of  medicines  ordered  by  a  physician  of  sober  life  and  not  ad- 
dicted to  the  use  of  intoxicating  liquors,  whose  name  shall  be  subscribed  to 
the  prescription  to  be  put  up  or  prepared  by  such  druggist  or  apothecary,  in 
his  own  shop ;  and  he  shall  not  suffer  any  such  liquor  to  be  drank  on  his 
premises,  or  to  be  carried  away  to  be  drank  or  used  elsewhere.  No  drug- 
gist, apothecary,  artist,  or  manufacturer  shall  keep  or  use  such  liquors  for 
any  other  purposes  than  the  common  uses  made  thereof  in  his  art  or  manu- 
factory, and  he  shall  not  suffer  any  such  liquors  to  be  drank  on  his  premi- 
ses or  to  be  carried  away  therefrom.  If  any  apothecary  or  druggist,  artist 
or  manufacturer,  shall  violate  any  of  the  provisions  of  this  section,  he  shall, 
on  conviction  for  the  first  offense,  be  punished  by  a  fine  of  one  hundred  dol- 
lars and  costs,  and  three  months'  imprisonment  in  the  common  jail  or  house 
of  correction,  and  for  the  second  and  every  subsequent  conviction,  by  a  fine 
of  two  hundred  dollars  and  costs,  and  imprisonment  in  the  common  jail  or 
•  house  of  correction,  six  months. 

SEC.  5.  REGULATIONS  REGARDING  TRAVELERS. — No  person  shall  travel 
from  place  to  place  in  this  State,  conveying  with  him  personally  or  in  any 
carriage  or  vehicle,  any  intoxicating  liquors,  including  every  kind  of  beer, 

333 


PROHIBITORY  LAW 


cordials,  and  liquid  preparations,  purporting  to  be  medicinal,  a  part  of 
which  is  composed  of  intoxicating  liquors,  with  the  intention  to  sell  or  use 
the  same,  in  any  manner  forbidden  by  this  Act,  under  a  penalty  for  the  first 
conviction  of  a  fine  of  twenty  dollars  and  costs,  and  thirty  days'  imprison- 
ment; for  the  second  conviction,  twenty  dollars  and  costs,  and  sixty  days' 
imprisonment ;  for  the  third  conviction,  a  fine  of  twenty  dollars  and  costs, 
and  ninety  days'  imprisonment,  and  for  the  fourth  and  every  subsequent  con- 
viction, he  shall  be  deemed  a  common  seller,  and  punished  by  a  fine  of  two 
hundred  dollars  and  costs,  and  six  months'  imprisonment  in  the  common  jail 
or  house  of  correction.  Any  person  offending  against  the  provisions  of  this 
section  shall  be  liable  to  be  arrested  on  a  warrant  on  the  complaint  or  oath 
of  any  citizen  of  the  State,  on  which  warrant  his  person,  carriage,  or  vehi- 
cle may  be  searched,  and  such  liquors,  if  found  thereon,  seized.  Such  com- 
plaint and  warrant,  and  the  subsequent  proceedings  thereon,  shall  be  sub- 
stantially the  same  in  form  and  substance  as  in  this  Act  is  provided  in  cases 
of  arrest,  search,  and  seizure  of  liquors  kept  and  deposited  in  the  manner 
forbidden  by  this  Act. 

SEC.  6.  LIQUORS  CONVEYED  THROUGH  THIS  STATE. — All  such  liquors 
brought  into  this  State  for  the  purpose  of  being  conveyed  through  the  State 
to  places  beyond  its  borders,  shall  not  be  kept  or  deposited  in  any  city  or 
town  in  this  State  for  the  space  of  more  than  twenty-four  hours  (the  hours 
of  Sunday  excepted),  except  in  case  of  inevitable  accident,  and  if  so  kept, 
shall  be  liable  to  be  seized  and  forfeited,  under  the  provisions  of  this  Act, 
as  being  kept  and  deposited  for  unlawful  sale ;  and  if  such  liquors  shall  bo 
seized  on  a  warrant,  and  proceeded  with  as  this  Act  required  and  directs,  and 
the  respondent  shall  allege  in  defense  against  such  process,  that  such  liquors 
were  in  transitu,  and  not  intended  for  sale  in  the  State,  it  shall  be  sufficient 
to  show  on  the  other  side  that  such  liquors  were  kept  or  deposited  in  any 
city  or  town  in  the  State  for  the  space  of  more  than  twenty -four  hours. 
Whenever  any  such  liquors  shall  be  seized,  and  on  trial  the  owner  or  keeper 
shall  claim  that  they  were  in  transitu,  and»therefore  exempt  from  seizure,  he 
shall  set  forth  in  the  claim  the  name  o£  the  place  to  which  they  were  about 
to  be  carried,  and  if  on  trial  it  shall  appear  that  the  liquors  are  of  such 
description,  as  to  the  quantities  of  the  casks  or  packages  in  which  they  are 
contained,  or  in  other  respects  as  are  by  the  revenue  or  other  laws  of  the 
Province  or  State  to  which  they  were  so  to  be  carried,  prohibited  to  be  in- 
troduced therein,  that  fact  shall  be  sufficient  evidence  that  they  were  kept 
and  deposite  1  for  unlawful  sale  within  this  State. 

SEC.  7.  REGULATIONS  REGARDING  EXPRESS-MEN,  CARRIERS,  ETC. — No 
stage  driver,  express-man,  common-carrier,  teamster,  or  other  agent,  shall 
carry  from  place  to  place  within  this  State  any  such  liquors,  except  for 
agencies  provided  for  in  this  Act,  under  a  penalty  of  a  fine  of  twenty  dollars 
and  costs  for  the  first  conviction,  twenty  dollars  fine  and  costs  and  thirty 
days'  imprisonment  for  the  second  conviction,  two  hundred  dollars  fine  and 
costs  and  three  months'  imprisonment  for  the  third  conviction,  and  four  hun- 
dred dollars  fine  and  six  months'  imprisonment  for  the  fourth  and  every  other 
subsequent  offense.  Such  carrying  shall  be  prima  facie  evidence  of  inten- 
tion to  violate  the  provisions  of  this  section,  subject  however  to  such  evidence 
as  may  be  adduced  on  the  part  of  the  defendant  to  shoAV  that  he  had  no  such 
intention. 

SEC.  8.  SEARCH  AND  SEIZURE. — If  three  persons  who  arc  competent  to 
be  witnesses  in  civil  suits,  resident  within  the  county  within  which  the  com- 
plaint shall  be  made,  shall  make  complaint  upon  oath  or  affirmation  before 
any  judge  of  a  municipal  or  police  court  or  justice  of  the  peace,  that  they 
334 


OF  MAINE. 


have  reason  to  believe,  and  do  believe,  that  intoxicating  liquors  are  kept  or 
deposited  in  any  building  or  place,  other  than  a  dwelling-house,  no  part  of 
which  is  used  as  a  shop,  or  for  purposes  of  traffic,  by  a  person  or  persons 
named  in  said  complaint,  or  by  a  person  or  persons  unknown,  not  authorized 
by  law  to  sell  the  same,  within  the  city,  town,  or  plantation  where  they  are 
alleged  to  be  so  kept  or  deposited,  and  that  said  liquors  are  intended  for  sale 
within  this  State  in  violation  of  law,  such  magistrate  shall  issue  his  warrant, 
directed  to  any  sheriff,  deputy  sheriff,  marshal,  deputy  marshal,  constable, 
or  police  officer,  having  power  to  serve  such  process,  commanding  such  officer 
to  search  the  premises  described  in  said  complaint,  which  premises  shall  also 
be  described  in  said  warrant ;  also  to  search  any  yard  or  building  (other 
than  such  dwelling-house),  adjoining  the  premises  described  in  said  warrant, 
if  occupied  by  the  same  person  occupying  the  premises  described  in  said 
warrant ;  and  if  any  such  intoxicating  liquors  are  there  found,  to  seize  tho 
same,  with  the  vessels  in  which  they  may  be  contained,  and  to  convey  them 
to  some  proper  place  of  security  to  be  there  kept  until  final  action  upon  such 
complaint.  And  the  officer  having  such  warrant  shall  be  authorized  by  vir- 
tue thereof  to  make  the  search  directed  by  such  warrant  to  be  made,  and  to 
seize  and  dispose  of  any  such  liquors  as  in  this  Act  is  provided.  And  suc!> 
officer  shall,  in  his  return  on  such  warrant,  designate  and  describe  the  liquor;.* 
by  him  so  seized,  and  the  vessels  in  which  they  are  contained,  with  reason- 
able certainty.  And  if  the  name  of  the  person  or  persons  by  whom  such 
liquors  are  alleged  to  be  so  kept  or  deposited  shall  be  stated  in  said  com- 
plaint, the  officer  shall  be  commanded  in  and  by  said  warrant,  if  he  find 
such  liquors,  to  arrest  such  person  or  persons,  and  have  them  forthwith  be- 
fore the  judge  or  justice  by  whom  such  warrant  was  issued,  to  answer  to 
said  complaint,  and  show  cause  why  said  liquors  should  not  be  forfeited. 
Any  such  person  so  arrested  and  brought  before  such  judge  or  justice  may 
plead  not  guilty  to  such  complaint  and  may  show  in  defense  thereto  that  said 
liquors  were  not  so  kept  and  deposited  intended  for  sale  contrary  to  law,  or 
that  they  were  imported  under  the  laws  of  the  United  States,  and  in  accord- 
ance therewith ;  that  they  are  contained  in  the  original  packages  in  which 
they  were  imported,  and  in  quantities  not  less  than  the  laws  of  the  United 
States  prescribe.  And  such  defense  being  established,  the  judge  or  justice 
may  order  such  liquors  to  be  restored  to  the  defendant,  if  satisfied  that  he 
is  the  lawful  owner  or  keeper  thereof.  But  custom-house  certificates  of  im- 
portation, and  proofs  of  marks  on  the  casks  and  packages  corresponding 
thereto,  shall  not  be  received  as  evidence  that  the  identical  liquors  contained 
in  said  packages  and  casks  were  actually  imported  therein.  And  if  upon 
the  trial  neither  of  the  said  grounds  of  defense  shall  be  established,  and  if  in 
the  opinion  of  the  court,  upon  the  evidence  produced,  said  liquors  were  kept 
or  deposited  by  such  person  or  persons  for  purposes  of  sale  contrary  to 
law,  such  person  or  persons  being  found  guilty  shall  each  be  punished  by  a 
fine  of  twenty  dollars  and  costs  and  thirty  days'  imprisonment,  and  also  shall 
be  imprisoned  thirty  days'  in  default  of  payment  of  the  fine  and  costs.  And 
the  liquors  so  seized,  with  the  vessels  in  which  they  are  contained,  shall  be 
declared  forfeited,  and  such  adjudication  shall  be  a  bar  to  any  claim  for  the 
recovery  of  the  same,  or  the  value  thereof,  and  they  shall  on  written  order 
of  said  judge  or  justice  be  destroyed.  And  the  officer  to  whom  such  order 
is  directed,  shall  make  return  thereon  of  his  doings  in  the  premises.  If, 
however,  upon  trial  the  judge  or  justice  shall  find  the  person  or  persons  so 
charged  in  the  complaint,  not  guilty,  or  if  it  shall  appear  that  he  is  not  the 
lawful  owner  or  keeper  thereof,  he  shall,  if  satisfied  that  the  liquors  so  seized 
were  so  as  aforesaid  kept  and  deposited  for  unlawful  sale  by  some  person  or 

335 


PROHIBITORY  LAW 


persons  not  named  in  the  complaint,  decline  to  order  them  to  be  restored,  and 
shall  proceed  therewith  as  is  hereinafter  provided. 

SEC.  9.  PROCESS  AFTER  SEIZURE. — When  any  intoxicating  liquors  shall 
be  seized  or  taken  upon  a  warrant,  under  any  of  the  provisions  of  this  Act, 
and  the  person  keeping  or  depositing  the  same  named  in  the  warrant  shall 
not  be  arrested,  or  if  the  name  of  the  person  keeping  or  depositing  the  liquors, 
or  from  whom  the  same  are  taken,  is  not  inserted  in  said  warrant,  or  if  such 
liquors  shall  not  under  some  of  the  provisions  of  this  Act  be  restored  to  the 
person  from  whose  keeping  or  possession  the  same  were  taken,  the  officer  who 
served  the  warrant  on  which  they  were  taken  or  who  made  the  seizure,  if 
they  were  taken  without  warrant,  shall  proceed  to  libel  them,  in  substance 
as  follows : 

To  A.  B.,  a  Justice,  etc.  The  libel  of  C.  D.,  of  ,  shows  that  he 

has  seized  certain  intoxicating  liquors,  described  as  follows  :  because 

the  same  were  kept  and  deposited  at  or  in  (describing  the  place  of  seizure) 
intended  for  sale  within  this  State,  in  violation  of  law,  or  because  the  same 
were  found  in  a  tent  or  shanty,  etc.  Wherefore  he  prays  for  a  decree  of 
forfeiture  of  the  same,  and  that  the  same  may  be  ordered  to  be  destroyed 
according  to  the  provisions  of  the  statute  in  such  case  made  and  provided. 

(Date.)  (Signed.) 

And  thereupon  the  said  Justice  shall  issue  his  monition  in  substance,  as 
follows : 

State  of  Maine.     County  of 

To  all  persons  interested  in  (here  insert  the  description  of  the 
[L.  S.]    liquors,  as  in  the  libel).     The  libel  of  C.  D.  of  ,  this  day 

filed  with  me,  A.  B.,  Justice,  etc.,  shows  that  he  has  seiz- 

ed said  liquors,  because,  etc.  (as  in  the  libel),  and  prays  for  a  decree  of  for- 
feiture, and  that  the  same  may  be  ordered  to  be  destroyed,  according  to  the 
provisions  of  the  statute  in  that  case  made  and  provided. 

You  are,  therefore,  hereby  notified  thereof,  that  you  may  appear  before 
me  the  said  Justice,  at  ,  on  ,  and  then  and  there  show 

cause  why  said  liquors  should  not  be  decreed  forfeited  and  ordered  to  be 
destroyed. 

Given  under  my  hand  and  seal,  etc.,  etc.  (Signed) 

The  time  for  the  hearing  shall  not  be  less  than  one  nor  more  than  two 
weeks  from  the  date  of  said  monition,  and  service  shall  be  made  thereof  by 
posting  up  an  attested  copy  of  the  same  in  some  public  and  conspicuous 
place  in  the  town  or  place  where  the  seizure  was  made,  at  least  seven  days 
before  said  day  of  hearing.  If  no  claimant  shall  then  appear,  the  Justice 
shall,  en  proof  of  notice  as  aforesaid,  by  a  proper  return  of  the  same  upon 
the  monition,  adjudicate  on  the  premises  and  declare  the  liquors  so  seized, 
and  the  vessels  in  which  they  are  contained,  to  be  forfeited,  and  order  the 
same  to  be  destroyed ;  and  such  adjudication  shall  be  a  bar  to  any  claim  for 
the  recovery  of  the  same  or  the  value  thereof.  And  if  any  person  shall  then 
appear  and  claim  the  said  liquors,  or  any  part  thereof,  as  his  own  property, 
he  shall  make  said  claim  in  writing,  in  substance  as  follows  : 

E.  F.,  of  ,  comes  and  avers  that  he  is  the  lawful  owner  of  (here 

insert  the  particular  liquors  or  parcels  claimed,  as  set  forth  in  the  libel),  in 

the  libel  in  that  behalf  mentioned;  and  he  avers  that  the  same  were  not 

kept  or  deposited  for  the  purpose  or  with  the  intent  of  unlawful  sale  within 

33G 


OF  MAINE. 


the  State  of  Maine,  as  in  said  libel  is  set  forth.     Wherefore  he  prays  that 
the  same  may  be  restored  to  him. 

(Date.)  (Name.) 

And  he  shall  verify  his  claim  by  oath,  by  him  signed  and  sworn  to,  in 
substance  as  follows : 

I,  E.  F.,  do  swear  to  the  truth  of  the  claim  by  me  above  interposed. 
(Date.)  (Name.) 

Subscribed  and  sworn  before  me,  A.  B.,  Justice  of  the  Peace. 

SEC.  10.  REGULATIONS  FOR  CLAIMANTS. — If  the  claimant  be  a  resident 
within  this  State,  he  shall,  personally,  in  presence  of  the  Court,  sign  and 
make  oath  to  his  claim,  unless  in  case  of  actual  bodily  disability,  in  which 
case  the  claim  may  be  signed  and  sworn  to  before  any  Justice  of  the  Peace 
within  the  State.  If  the  claimant  be  not  a  resident  of  this  State,  the  claim 
and  verification  may  be  made,  in  substance  as  above,  by  the  person  in  whose 
cuatody  said  "liquors  were  kept  and  deposited  at  the  time  of  the  original 
seizure,  on  the  warrant  or  otherwise.  If  there  be  more  claimants  than  one, 
each  shall  set  forth  and  verify  his  claim  in  substance  as  aforesaid.  Such 
claimant  in  behalf  of  persons  not  residing  in  the  State  shall,  before  a  hear- 
ing is  had,  deliver  to  the  said  Justice  a  bond  by  him  signed,  with  two  good 
and  sufficient  sureties,  inhabitants  of  the  State,  in  a  sum  not  less  than  two 
hundred  dollars,  conditioned  to  pay  all  such  costs  as  shall  be  recovered 
against  him  on  final  judgment  in  the  case,  and  thereupon  proofs  may  be  in- 
troduced; and  the  claimant  shall  be  held  to  show  affirmatively,  that  the 
liquor  by  him  claimed  was  kept  and  deposited  for  a  lawful  purpose,  and  not 
for  unlawful  sale  or  use ;  and  may  be  heard  by  himself  and  counsel,  or 
either ;  and  the  libellant  shall  have  the  closing  argument.  The  proof  intro- 
duced on  either  side  may  be  by  testimony  of  witnesses  before  the  Court,  or 
by  deposition  taken  according  to  law.  It  shall  be  a  sufficient  cause  for  the 
taking  of  such  deposition,  that  it  is  to  be  used  in  the  trial  of  a  libel  for  li- 
quors seized,  before  (here  insert  the  name  of  the  Justice,  etc.),  in  which  tlie 
said  (here  insert  the  name  of  the  claimant)  is  claimant.  And  if  Upon  the 
hearing,  the  Court  shall  consider  and  adjudge  that  the  said  liquors,  or  any 
part  thereof,  were  so  kept  or  deposited  for  the  purposes  of  unlawful  sale  or 
use  within  this  State,  judgment  shall  be  entered  accordingly,  that  the  said 
liquors  and  the  vessels  in  which  they  are  contained,  shall  be  forfeited  and 
destroyed,  and  for  costs  against  such  claimant;  and  if  the  Court  shall  con- 
sider and  adjudge  that  the  said  liquors,  or  any  part  thereof,  were  not  so  kept 
or  deposited,  with  any  intent  of  unlawful  sale  or  use  within  this  State,  judg- 
ment shall  be  entered  accordingly ;  and  if  the  claimant  shall  show  to  the 
satisfaction  of  the  Court  that  he  is  the  owner  or  lawful  agent  of  the  owner 
for  this  purpose,  the  Court  shall  order  the  same  to  be  restored  to  the  claim- 
ant ;  but  no  costs  shall  be  allowed  him,  unless  the  court  shall  certify  that 
there  was  no  probable  cause  for  the  seizure ;  and  no  cost  shall  in  any  event 
be  allowed  to  any  claimant,  if  the  judgment  of  the  Court  shall  be  that  any 
part  of  the  liquor  seized  on  the  said  warrant  was  kept  or  deposited  with  any 
intention  of  unlawful  sale  or  use  within  this  State.  In  the  costs  so  to  be 
taxed  and  paid  by  the  claimant,  shall  be  included,  in  addition  to  Court, 
officer,  aud  witness  fees,  all  reasonable  costs  and  exDenses  of  seizing,  remov- 
ing, and  taking  care  of  said  liquor  until  final  judgment.  The  order  to  de- 
stroy such  liquor  may  be  in  substance  as  follows : 

15  337 


PROHIBITORY  LAW 


State  of  Maine,  ss.  (Date.) 

To  A.  B.,  having  in  custody  the  liquor  described  in  the  libel  filed  before 
me,  dated  185  ,  signed  by 

You  are  hereby  commanded,  in  performance  of  the  final  judgment  of  the 
Court  in  said  case,  to  destroy  (here  describe  all  packages  and  parcels  to  be 
destroyed)  by  pouring  the  same  out  upon  the  ground ;  and  also  to  destroy 
the  vessels  in  which  the  same  are  contained ;  and  you  are  to  take  with  you 
as  witness  thereof  A.  B.  and  C.  D.,  and  to  make  due  return  of  this  order, 
with  their  certificate  that  they  witnessed  its  full  execution  indorsed  thereon, 
within  twenty-four  hours  from  the  date  hereof.  (Signed.) 

And  if  the  final  judgment  shall  be  that  the  liquors  be  restored  to  the  com- 
plainant, the  order  shall  be  the  same  in  substance  as  before,  except  that  it 
shall  be  to  restore  (here  describe  each  parcel  to  be  restored)  to  E.  F.,  the 
claimant  of  the  same,  on  reasonable  request,  at  the  place  where  the  same 
are  by  you  now  held  in  keeping,  and  take  his  receipt  for  the  same,  and  make 
due  return  of  this  order  within  twenty-four  hours  thereafter.  If  the  said 
liquor  shall  not  be  demanded  of  the  said  Officer  within  three  months  after 
the  date  of  such  order,  the  Officer  shall,  without  further  precept,  destroy 
the  same  and  make  return  thereof  on  the  said  order.  And  if  the  whole  or 
any  part  of  the  liquors  described  in  such  libel  shall  not  be  claimed  by  any 
person  as  aforesaid,  the  said  Court  shall  consider  and  adjudge  that  the  same 
be  forfeited  and  destroyed,  and  shall  issue  an  order  for  this  purpose,  in  sub- 
stance as  is  before  provided.  And  these  proceedings  shall  be  a  bar  to  any 
claim  for  the  recovery  of  the  same  or  the  value  thereof.  The  claimant  may 
appeal.  The  libellant  also  may  appeal.  Any  such  claimant,  in  his  own 
right  or  as  the  agent  of  the  owner,  shall  be  liable  to  be  arrested  upon  a 
warrant  duly  issued,  and  tried  for  keeping  or  depositing  such  liquors  con- 
trary to  the  provisions  of  this  Act  either  before  or  after  the  trial  or  final 
judgment  and  order  on  such  libel. 

SKC.  11.  SEARCH  OF  PRIVATE  DWELLINGS  ONLY  ON  OATH. — No  warrnnt 
shall  issue  for  the  search  of  any  dwelling-house  in  which  a  family  resides,  or  in 
which  or  part  of  which  a  shop  is  not  kept,  or  other  place  is  not  kept  for  the 
sale  of  such  liquors,  unless  it  shall  be  first  shown  to  the  Magistrate,  before 
a  warrant  is  issued  for  such  search,  by  the  testimony  of  witnesses  upon 
oath,  that  there  is  reasonable  ground  for  believing  that  such  liquors  are 
kept  or  deposited  in  such  dwelling-house  or  its  appurtenances,  intended  for 
unlawful  sale  in  such  dwelling-house  or  elsewhere,  which  testimony  the 
Magistrate  shall  reduce  to  writing  and  cause  to  be  signed  and  verified  by 
oath  or  affirmation  of  such  witnesses,  and  upon  such  testimony  so  produced 
and  verified,  he  may,  upon  complaint  of  three  persons  competent  to  be  wit- 
nesses in  civil  suits,  resident  in  the  county,  issue  his  warrant  in  like  man- 
ner and  form  as  is  provided  in  the  8th  section  of  this  Act,  commanding  the 
Officer  to  search  such  dwelling-house  and  its  appurtenances,  and  if  any  such 
liquors  are  found  therein,  to  seize  the  same,  together  with  the  vessels  in 
which  they  are  contained,  and  also  to  arrest  the  owner  or  keeper  thereof  if 
named  in  said  complaint,  and  the  subsequent  proceedings  shall  be  conform- 
able to  the  requirements  of  the  8th,  9th,  and  10th  sections  of  this  Act,  as 
the  case  may  be.  No  dwelling-house,  inn,  tavern,  or  other  building  in 
which  or  part  of  which  a  shop  is  kept  for  traffic,  or  office,  bar,  or  other 
place  is  kept  for  the  sale  of  liquors  shall  be  entitled  to  the  protection  from 
search  provided  in  this  section,  but  shall  be  liable  to  be  searched  in  the 
manner  provided  in  the  8th  section  of  this  Act.  And  any  of  the  said  wit- 
nesses who  shall  be  convicted  of  giving  false  testimony  knowingly  and  will- 
fully in  the  statements  so  subscribed  and  verified  shall  be  punished  therefor 
338 


OF  MAINE. 


by  imprisonment  in  the  State  Prison  for  the  term  of  two  years.  The  find- 
ing of  such  liquors  upon  search  in  a  dwelling-house  shall  not  of  itself  be 
evidence  that  they  are  kept  or  deposited  therein  intended  for  unlawful  sale. 

SEC.  12.  ARRKST  WHEN  SEIZURE  is  PREVENTED. — If  any  Officer,  hav- 
ing a  warrant  issued  under  this  Act  committed  to  him  directing  him  to 
seize  any  such  liquors  and  to  arrest  the  owner  or  keeper  thereof,  shall  be 
prevented  from  seizing  the  liquors  by  their  being  poured  out  or  otherwise 
destroyed,  he  shall  arrest  the  owner  or  keeper  and  bring  him  before  the 
Magistrate,  and  he  shall  make  return  upon  the  warrant  that  he  was  pre- 
vented from  seizing  the  liquors  by  their  being  poured  out  or  otherwise  de- 
stroyed, as  the  case  may  be,  and  in  his  return  he  shall  state  the  quantity  so 
poured  out  or  destroyed,  as  nearly  as  may  be,  and  the  Magistrate  shall  put 
the  owner  or  keeper  so  arrested  upon  trial ;  and  if,  on  trial,  it  shall  appear 
by  competent  testimony  that  such  liquors  were  so  poured  out  or  destroyed, 
and  that  the  liquors  so  poured  out  or  destroyed  were  such  as  were  described 
in  the  warrant,  and  that  they  were  so  kept  or  deposited  intended  for  un- 
lawful sale  ;  and  if  the  person  so  arrested  shall  be  found  to  be  the  owner  or 
keeper  thereof,  he  shall  be  fined  and  sentenced  in  the  same  manner  as  he  would 
be  if  the  liquors  described  in  the  warrant  and  in  the  return  had  been 
seized  on  the  warrant  and  brought  before  the  Magistrate  by  the  Officer. 

SEC.  13.  SALE  OF  LIQUOR  AT  PUBLIC  PLACES. — It  shall  be  the  duty  of 
any  Mayor,  Alderman,  Selectman  or  Assessor,  City  Marshal  or  Deputy,  or 
Constable,  or  Police  Officer  of  any  place,  if  he  shall  have  information  that 
any  intoxicating  liquors  are  kept  for  sale  or  sold  in  any  tent,  shanty,  hut, 
or  place  of  any  kind  for  selling  refreshments  in  any  public  place,  or  near 
the  ground  of  any  camp-meeting,  cattle  show,  agricultural  exhibition, 
military  muster,  or  public  occasion  of  any  kind,  and  shall  believe  said 
information  to  be  true,  forthwith  to  enter  a  complaint  before  some  Judge 
of  a  Municipal  or  Police  Court  or  Justice  of  the  Peace,  against  the  keeper 
or  keepers  of  such  place,  alleging  in  said  complaint  that  he  has  reason  to 
believe,  and  does  believe,  that  such  liquors  are  so  kept  in  such  place  (de- 
scribing the  same)  by  such  keeper  or  keepers  contrary  to  law.  And  upon 
such  complaint  the  said  Judge  or  Justice  shall  issue  his  warrant,  command- 
ing the  Officer  who  may  serve  the  same  to  search  the  place  described  in  said 
complaint,  and  which  shall  be  described  in  said  warrant.  And  if  he  shall 
find  upon  said  premises  any  such  liquor,  to  seize  the  same  with  the  vessels 
in  which  they  may  be  contained,  and  to  arrest  the  keeper  or  keepers 
thereof,  and  have  said  keeper  or  keepers,  with  the  liquors  and  vessels  so 
seized,  as  soon  as  may  be,  before  said  Judge  or  Justice,  to  be  dealt  with 
according  to  law.  And  the  Officer  to  whom  said  warrant  may  be  committed 
shall  forthwith  execute  the  same,  and  said  keeper  or  keepers  when  arrested 
shall  be  tried  thereon  in  due  course  of  law,  and  upon  proof  that  said 
liquors  are  intoxicating,  that  they  were  found  in  possession  of  the  accused 
in  a  tent,  shanty,  hut,  or  other  place  as  aforesaid,  he  or  they  shall  be  found 
guilty,  and  sentenced  to  be  punished  by  imprisonment  in  the  County  jail  for 
thirty  days,  and  to  pay  all  costs  of  such  proceedings,  and  the  liquors  and 
vessels  so  seized  shall  be  destroyed  by  order  of  the  Court  in  the  manner  be- 
fore provided  in  this  Act.  Any  Mayor  or  Alderman,  Selectman,  Assessor, 
City  Marshal  or  his  deputy,  Constable,  Police  Officer,  or  Watchmnn  in  his 
City  or  Town,  or  Plantation,  may  take  into  his  custody  any  such  liquors, 
and  the  vessels  in  which  they  are  contained,  which  he  shall  find  at  any 

§lace,  by  day  or  night,  if  he  have  reason  to   believe  they  are   kept  or 
eposited  and  intended  for  unlawful  sale  in  this  State,  and  detain  the  same 
until  a  warrant  can  be  procured  under  which  proceedings  shall  be  had 

339 


PROHIBITORY  LAW 


against  sutrh  liquoi-s  and  the  owner  or  keeper,  in  like  manner  as  is  provided 
in  case  of  such  liquors  taken  in  a  tent,  shanty,  hut.  or  other  place.  If 
any  person  arrested,  tried,  and  sentenced,  as  set  forth  in  this  section,  shall 
appeal  from  such  sentence,  the  Judge  or  Justice  shall  grant  the  appeal, 
and  order  him  to  recognize  in  the  sum  of  one  hundred  dollars,  with  suffi- 
cient sureties  for  his  appearance,  and  for  prosecuting  his  appeal,  and  he 
shall  stand  committed  till  the  order  is  complied  with ;  and  the  Judge  or 
Justice  whose  judgment  is  appealed  from  shall  furnish  full  copies  of  all  the 
proceedings  in  the  case  at  the  expense  of  the  appellant.  And  if  judgment 
is  rendered  against  the  appellant  in  the  Appellate  Court  he  shall  be  punished, 
and  the  liquors  seized  and  vessels  dealt  with  as  is  above  provided  in  this 
section  ;  and  if  said  appellant  shall  fail  to  appear  and  prosecute  his  appeal,  or 
to  abide  and  perform  the  judgment  of  the  Appellate  Court,  the  recognizance 
shall  be  forfeited,  and  the  liquors  and  vessels  shall  be  'disposed  of  as 
aforesaid  by  order  of  the  Court. 

SEC.  14.  RIGHT  OF  APPEAL. — If  any  person  shall  appeal  from  any  sen- 
tence of  such  Judge  or  Justice,  as  set  forth  in  the  8th  and  10th  preceding 
sections,  the  Judge  or  Justice  shall  grant  his  appeal  and  order  him  to  recog- 
nize in  the  sum  of  two  hundred  dollars,  with  sufficient  sureties  for  his 
appearance  and  for  prosecuting  his  appeal,  and  he  shall  stand  committed 
till  the  order  is  complied  with.  And  the  Judge  or  Justice  whose  judgment 
is  appealed  from  shall  furnish  a  full  copy  of  all  the  papers  and  proceedings 
in  the  case  at  the  expense  of  the  appellant.  And  if  judgment  is  rendered 
against  the  appellant  in  the  Appellate  Court  he  shall  be  punished,  and  the 
liquors  seized,  with  the  vessels  in  which  they  are  contained,  shall  be  dealt 
with  and  disposed  of  as  before  is  provided.  And  if  such  appellant  shall  fail 
to  appear  and  prosecute  his  appeal,  or  to  abide  and  perform  the  order  and 
judgment  of  the  Appellate  Court,  the  recognizance  shall  be  forfeited,  and 
the  liquor  shall  be  disposed  of  as  aforesaid,  by  libel  or  otherwise,  by  order 
of  said  Court. 

SEC.  15.  THE  LIQUORS  PROTECTED  BY  LAW. — No  such  liquors  owned 
by  any  City,  Town,  or  Plantation,  or  kept  by  any  agent  of  any  City,  Town, 
or  Plantation,  as  is  provided  in  this  Act,  or  by  any  such  chemist,  artist,  or 
manufacturer,  shall  be  protected  against,  seizure  and  forfeiture,  under  the 
provisions  of  this  Act,  by  reason  of  such  ownership,  unless  all  the  casks 
and  vessels  in  which  they  are  contained  shall  be  at  all  times  plainly  and 
conspicuously  marked  with  the  name  of  such  City,  Town,  or  Plantation,  and 
of  its  agent,  or  as  the  case  may  be,  with  the  name,  residence,  and  business 
of  every  such  chemist,  artist,  and  manufacturer.  If  any  such  agent  shall 
knowingly  and  willfully,  with  intent  to  prevent  the  same  being  seized  on 
any  such  warrant,  or  to  cause  the  same  to  be  released,  having  been  seized 
en  such  warrant,  make  claim  to  any  such  liquors  as  being  the  property  of 
the  City,  Town,  or  Plantation  for  which  he  is  such  agent,  when  in  fact  such 
liquors  were  not  the  property  of  such  City,  Town,  or  Plantation,  he  shall, 
on  conviction,  be  sentenced  to  pay  a  fine  of  one  hundred  dollars  and  costs, 
and  shall  be  removed  from  his  office  with  forfeiture  of  his  bond.  Whenever 
any  such  liquors  shall  be  seized  bearing  such  marks  as  are  by  this  Act 
required  to  be  put  upon  liquors  owned  by  Cities,  Towns,  or  Plantations,  or 
by  chemists,  artists,  or  manufacturers,  when  such  liquors  are  in  fact  not 
owned  by  any  such  City,  Town,  or  Plantation,  or  by  any  such  chemist, 
artist,  or  manufacturer,  such  false  and  fraudulent  marking  shall  be  conclu- 
sive evidence  that  the  same  are  kept  or  deposited  for  unlawful  sale,  and  ren- 
der them  liable  to  forfeiture  under  the  provisions  of  this  Act.  The  liquors 
kept  for  sale  by  such  agent  shall  not  be  adulterated  or  factitious ;  and  if 
340 


OE  MAINE. 


the  liquors  so  kept  are  adulterated  or  factitious  they  shall  not  be  protected 
from  seizure  and  forfeiture  by  reason  of  being  kept  for  sale  by  such  agents. 

SEC.  16.  DELIVERY  AX  EVIDENCE  OF  SALE.  —  Whenever  an  unlawful 
sale  is  alleged,  and  a  delivery  proved,  it  shall  not  be  necessary  to  prove  a 
payment,  but  such  a  delivery  shall  be  a  sufficient  evidence  of  sale.  When- 
ever an  unlawful  sale  is  made  by  one  ^person,  a  delivery  by  another,  and 
payment  received  by  a  third,  each  shall  be  liable  to  the  penalties  of  this 
Act  for  the  offense.  A  partner  in  business  shall  be  liable  for  the  unlawful 
keeping  or  selling  of  his  copartner  done  in  the  copartnership  business,  or  by 
any  other  person,  in  any  shop,  store,  or  other  place  of  business  of  such  co- 
partnership, with  his  knowledge  and  assent.  A  principal  and  his  agent, 
clerk,  and  servant  may  all  be  included  in  the  same  complaint  and  process. 
The  name  of  the  owner  and  the  kind  and  quantity  of  liquors  to  be  seized 
need  not  be  set  forth  in  the  complaint  and  warrant,  provided  the  description 
is  sufficiently  certain  to  show  what  is  intended  to  be  seized ;  the  process 
may  be  amended  in  any  matter  legally  amendable  at  any  time  before  final 
judgment.  Any  Mayor  or  Alderman,  Selectman  or  Assessor,  may  cause  a 
suit  to  be  commenced  on  any  bond  or  recognizance  given  under  this  Act  in 
which  his  City,  Town,  or  Plantation  is  interested,  and  the  same  shall  be 
prosecuted  to  final  judgment  unless  paid  in  full  with  costs.  If  any  execu- 
tion or  other  final  process  issued  in  any  civil  or  criminal  suit  instituted 
under  this  Act  shall  be  placed  in  the  hands  of  any  proper  officer  to  be  by 
him  executed,  and  he  shall  unreasonably  neglect  or  refuse  so  to  do,  an 
action  may  be  commenced  against  him  by  any  voter  in  the  County  for  such 
neglect,  and  prosecuted  to  final  judgment,  which  shall  be  for  the  full  amount 
of  the  debt,  costs,  and  interest  on  such  execution ;  and  if  it  be  a  process  that 
requires  him  to  take  and  commit  an  offender  to  prison,  the  damages  shall  not 
be  less  than  fifty  dollars  nor  more  than  five  hundred  dollars.  Such  suit 
shall  be  an  action  on  the  case,  in  the  name  of  the  City,  Town,  or  place  in 
which  the  original  offense,  on  account  of  which  said  process  was  issued,  was 
committed. 

SEC.  17.  WRIT  OF  ERROR  NOT  TO  QUASH  INDICTMENT. — No  writ  of 
error,  or  other  process,  shall  lie  to  quash  or  make  void  the  doings  of  any 
such  magistrate  under  this  Act,  by  reason  of  any  defect  or  want  of  suffi- 
ciency in  any  complaint,  warrant,  or  other  process  under  this  Act,  which 
might,  before  final  judgment,  have  been  amended  on  motion.  In  addition 
to  the  fees  allowed  by  law,  there  shall  be  paid  to  such  Judge  or -Justice,  for 
taking  any  bond,  fifty  cents;  for  making  the  order  for  the  destruction  of 
liquors  and  vessels,  fifty  cents ;  to  the  officer  for  seizing  the  liquors  and  ves- 
sels, one  dollar ;  for  removing  and  keeping  the  same,  fifty  cents  and  reason- 
able expenses ;  for  executing  and  making  return  of  an  order  to  destroy  the 
liquors  and  vessels,  one  dollar ;  all  of  which  fees  shall  be  taxed  in  the  costs 
to  be  paid  by  the  defendant. 

SEC.  18.  PERSONS  FOUND  INTOXICATED. — Any  person  hereafter  found 
intoxicated  in  any  of  the  streets  or  highways,  or  being  intoxicated  in  his 
own  house,  or  in  any  other  building  or  place,  and  who,  in  such  house,  build- 
ing, or  place,  shall  become  quarrelsome,  or  in  any  way  disturb  the  public 
peace,  or  that  of  his  own  or  any  other  family,  so  as  to  render  it  necessary 
for  the  police  or  peace  officers  to  interfere,  may  be  taken  into  custody  by 
any  sheriff,  deputy  sheriff,  constable,  marshal,  deputy  marshal,  police  of- 
ficer, or  watchman,  and  committed  to  the  watch-house  or  restrained  in  some 
other  suitable  place,  till  a  complaint  can  be  made  and  warrant  issued  in 
due  form,  upon  which  he  may  be  arrested  and  tried,  and  if  found  guilty  of 
being  intoxicated  in  the  streets  or  highways,  or  of  being  intoxicated  in  his 

341 


PROHIBITORY  LAW 


own  house,  or  any  other  building  or  place,  and  becoming  quarrelsome  and 
disturbing  the  public  peace,  or  that  of  his  own  or  any  other  family,  he  shall 
be  punished  by  imprisonment  in  the  common  jail  for  thirty  days;  but  said 
Judge  or  Justice  may  remit  any  portion  of  said  punishment,  and  order  the 
prisoner  to  be  discharged,  whenever  the  person  so  arrested  shall  make  such 
disclosures  or  furnish  such  evidence  as  will  authorize  a  warrant  to  be  issued 
for  an  offense  against  some  of  the  provisions  of  this  Act,  against  the  person 
of  whom  he  procured  or  received  the  liquors  whereby  he  became  intoxicated. 

SEC  19.  RECOVERY  OF  PENALTIES. — Any  penalties  or  forfeitures,  the 
recovery  of  which  is  not  otherwise  provided  for  in  this  Act,  may  be  recover- 
ed by  complaint  or  indictment  in  any  court  proper  to  try  the  same.  All 
bonds  and  recognizances  given  by  appellants  or  other  persons,  shall  be  to 
the  State  of  Maine,  except  as  otherwise  provided  in  this  Act.  In  all  cases 
of  appeal  from  the  judgment  of  a  Judge  of  a  Municipal  or  Police  Court  or 
Justice  of  the  Peace,  the  appellant,  if  convicted  by  the  jury,  shall  be  sen- 
tenced to  pay  and  suffer  the  same  fines,  penalties,  and  imprisonment  which 
might  be  awarded  against  him  by  such  Judge  or  Justice,  with  additional 
costs.  The  appellate  court  shall  have  power  to  make  any  adjudication  or 
order,  or  to  pass  any  sentence  which  the  court  appealed  from  might  have 
made  or  passed. 

SEC.  20.  RECOGNIZANCE  FOR  PROSECUTING  APPEAL. — If  any  person 
shall  claim  an  appeal  from  the  sentence  of  a  Judge  or  Justice,  except  as  in 
this  Act  is  otherwise  provided,  the  Judge  or  Justice  shall  grant  his  appeal 
and  order  him  to  recognize  in  the  sum  of  one  hundred  dollars,  with  sufficient 
sureties  for  his  appearance  and  for  prosecuting  his  appeal;  and  he  shall 
stand  committed  till  the  order  is  complied  with.  And  no  recognizance  shall 
be  taken  in  cases  arising  under  this  Act,  except  by  the  Judge  or  Justice 
before  whom  the  trial  was  had,  and  if  the  recognizances  mentioned  in  this 
section  shall  not  be  given  within  twenty-four  hours  after  judgment,  the 
appeal  shall  not  be  allowed. 

SEC.  21.  LIQUOR  SELLERS  INCOMPETENT  TO  ACT  ON  JURY.— No  per- 
son engaged  in  the  unlawful  traffic  in  intoxicating  liquors  shall  be  compe- 
tent to  sit  upon  any  jury  in  any  case  arising  under  this  act ;  and  when 
information  shall  be  communicated  to  the  Court,  that  any  member  of  any 
panel  is  engaged  in  such  traffic,  or  that  he  is  believed  to  be  so  engaged,  the 
Court  shall  inquire  of  the  juryman  of  whom  such  belief  is  entertained ;  and 
no  answer  which  he  shall  make  shall  be  used  against  him  in  any  case  arising 
under  this  Act ;  but  if  he  shall  answer  falsely,  he  shall  be  incapable  of  serv- 
ing on  any  jury  in  this  State ;  but  he  may  decline  to  answer,  in  which  case 
he  shall  be  discharged  by  the  Court  from  all  further  attendance  as  a  jury- 
man. 

SEC.  22.  PRECEDENCE  IN  SUPERIOR  COURT. — All  cases  arising  under 
this  Act,  by  indictment  or  complaint,  which  shall  come  before  a  Superior 
Court,  either  by  appeal  or  original  entry,  shall  take  precedence  in  said 
court  of  all  other  business,  except  those  criminal  cases  in  which  the  parties 
are  actually  under  arrest,  awaiting  a  trial ;  and  the  Court  and  prosecuting 
officer  shall  not  have  authority  to  enter  a  nolle  prosequi  or  to  grant  a  con- 
tinuance in  any  case  arising  under  this  Act,  either  before  or  after  a  verdict, 
except  where  the  purposes  of  justice  shall  require  it. 

SEC.  23.  CONVEYANCES  ON  ACCOUNT  OF  ILLEGAL  SALES  NULL  AND 
VOID. — All  payments  or  compensation  for  liquors  sold  in  violation  of  law, 
whether  in  money,  labor,  or  other  property,  either  real  or  personal,  shall  bo 
held  and  considered  to  have  been  received  in  violation  of  law,  and  without 
consideration,  and  against  law,  equity,  and  a  good  conscience ;  and  all  sales, 
342 


OF  MAINE. 


transfers,  and  conveyances,  mortgages,  liens,  attachments,  pledges,  and  se- 
curities of  every  kind,  which  either  in  whole  or  in  part  shall  have  been  for 
or  on  account  of  intoxicating  liquors,  except  such  liquors  as  may  be  sold 
according  to  the  provisions  of  the  first  section  of  this  Act,  shall  be  utterly 
null  and°void  agatost  all  persons  and  in  all  cases,  except  subsequent  pur- 
chasers of  real  estate  for  valuable  consideration,  without  notice,  and  bona 
fide  holders  of  negotiable  paper  without  notice,  and  no  rights  of  any  kind 
shall  be  acquired  thereby ;  and  in  any  action,  either  at  law  or  equity,  touch- 
ing such  real  or  personal  estate,  the  purchaser  of  such  liquors  may  be  a 
witness  for  either  party.  And  no  action  of  any  kind  shall  be  maintained  in 
any  court  in  this  State,  either  in  whole  or  in  part,  for  intoxicating  liquors 
sold  in  any  other  State  or  country  whatever,  nor  shall  any  action  of  any 
kind  be  had  or  maintained  in  any  court  in  this  State,  for  the  recovery  or 
possession  of  intoxicating  liquors,  or  the  value  thereof.  All  the  provisions 
of 'this  Act  relating  to  towns  shall  be  applicable  to  cities  and  plantations; 
and  those  relating  to  selectmen  shall  also  be  applied  to  the  mayor  and  alder- 
men of  cities  and  assessors  of  plantations. 

SEC.  24.  RECOVERY  OF  RECOGNIZANCES  OF  NON-APPEARANCE  IN  COURT 
BEFORE  JUDGMENT. — Whenever  a  defendant  has  given  a  recognizance  for 
his  appearance  at  court,  under  this  Act,  he  shall  be  called  on  his  recogniz- 
ance on  the  first  or  second  day  after  the  jury  is  impannelled  at  said  court, 
for  the  trial  of  criminal  matters,  and  if  he  do  not  appear  before  the  adjourn- 
ment of  the  court,  on  the  second  day,  a  default  of  the  recognizance  shall  be 
entered,  which  shall  not  be  taken  off  unless  he  come  into  court  before  the 
jury  is  dismissed,  and  move  to  have  it  taken  off,  which  may  be  done  on  such 
terms  as  to  the  court  shall  seem  proper.  If  not  so  taken  off,  judgment  shall 
be  entered  against  the  principal  and  sureties,  and  an  execution  or  warrant 
of  distress  in  the  due  form  of  law  shall  be  issued  thereon,  without  scire  facias, 
and  for  the  full  sum  or  amount  of  the  recognizance.  Whenever  a  verdict  is 
rendered  against  any  defendant  tried  under  any  of  the  provisions  of  this 
Act,  and  he  shall  offer  a  bill  of  exceptions,  if  the  Judge  before  whom  the 
trial  is  had  shall  be  of  opinion  that  they  are  frivolous  and  intended  for  delay, 
he  shall  so  certify,  and  shall  proceed  to  pass  sentence  upon  said  defendant. 

SEC.  25.  RECOVERY  OF  RECOGNIZANCE  FOR  NON-APPEARANCE  AFTER 
JUDGMENT. — Whenever  judgment  has  been  rendered  at  any  court  against 
any  such  defendant,  and  he  is  liable  to  be  sentenced,  if  he  be  bound  by  re- 
cognizance to  appear  at  such  court,  he  may  be  called  upon  his  recognizance, 
and  if  he  do  not  appear,  default  shall  be  entered  against  him  and  his  sureties, 
and  judgment  shall  be  duly  entered  thereon,  and  execution  or  warrant  of 
distress  shall  be  issued  in  due  form,  without  scire  facias  or  any  other  inter- 
mediate proceedings;  a  warrant  shall  also  be  issued,  upon  which  the  de- 
fendant may  be  arrested  and  brought  in  for  sentence. 

SEC.  26.  REGULATION  FOR  SURETIES. — No  person  shall  become  surety  in 
any  recognizance  required  by  this  Act  until  he  has  made  oath  that  he  is 
worth  above  and  beyond  all  debts  and  liabilities,  including  all  former  recog- 
nizances upon  which  he  still  remains  liable,  a  sum  equal  to  twice  the  sum 
named  in  the  recognizance,  and  he  shall,  if  required  by  the  court,  furnish  a 
schedule  of  unincumbered  property,  sufficient  in  the  opinion  of  the  court  to 
answer  for  the  amount  for  which  he  is  so  to  become  surety,  which,  with  the 
oath  by  him  subscribed,  shall  be  appended  to  the  recognizance.  Such  rec- 
ognizance shall  be  a  lien  upon  all  the  real  estate  of  the  cognizers  in  the 
State,  in  preference  to  all  other  claims  or  sales  of  a  subsequent  date.  The 
magistrate  or  the  clerk  of  the  court,  who  takes  such  recognizance,  shall 
forthwith  personally  deliver  or  send  by  mail  to  th?  Register  of  Deeds  in 

343 


PROHIBITORY  LAW 


each  county  in  which  real  estate  of  such  cognizers  is  situated,  a  certificate 
in  substance  as  follows  : 

State  of  Maine :    County  of  ,  ss.    On  this  day  of 

A.  D. 

A.  B.,  as  principal,  and  C.  D.,  and  E.  F.,  as  sureties,  have  this  day  entered 
into  recognizance  to  the  State  of  Maine,  in  the  sum  of  ,  in  the  case, 

State  of  Maine,  vs.  A.  B. 

(Signed.)  G.  H.,  Justice  of  the  Peace  or  Clerk. 

And  the  register  shall  record  the  same  in  a  book  to  be  kept  for  that  pur- 
pose. The  fees  of  the  clerk  or  justice  shall  be  ten  cents  and  the  amount  paid 
by  him  for  postage ;  and  of  the  register  for  recording,  ten  cents,  to  be  paid 
out  of  the  county  treasury,  and  taxed  in  the  costs  to  the  parties. 

SEC.  27.  PERJURY,  NEGLECT  OF  DUTY,  DISPOSITION  OF  FINES,  ETC. — 
False  swearing  in  any  oath  or  affidavit  required  to  be  taken  by  this  Act 
shall  be  deemed  to  be  perjury,  and  punished  accordingly.  Every  public 
officer,  municipal,  civil,  or  executive,  who  shall  willfully  refuse  or  neglect  to 
do  any  duty  required  of  him  by  any  of  the  provisions  of  this  Act,  shall  for- 
feit and  pay  for  each  such  refusal  or  neglect  not  less  than  twenty  nor  more 
than  one  hundred  dollars,  to  be  recovered  in  an  action  of  debt,  by  any  per- 
son who  shall  sue  for  the  same,  one  half  to  the  State,  the  other  to  the  plain- 
tiff in  the  suit.  No  proceedings  of  judgment  had  or  rendered  under  any  of 
the  provisions  of  this  Act  shall  be  set  aside  or  be  void  by  reason  of  any 
technical  error  or  defect  not  affecting  the  merits,  but  the  same  may  be 
amended  on  motion,  any  time,  when,  by  such  amendment,  substantial  jus- 
tice will  be  promoted.  All  fines,  penalties,  and  costs,  and  all  sums  paid  on 
recognizances  as  is  in  this  Act  provided,  shall  be  paid  into  the  county  treas- 
uries of  the  respective  counties,  for  the  use  of  the  State. 

SEC.  28.  PENALTY  FOR  BEING  A  COMMON  SELLER. — The  penalty  for 
being  a  common  seller  of  intoxicating  liquors,  shall  be  a  fine  of  two  hundred 
dollars  and  costs,  and  six  months'  imprisonment  for  the  first  conviction  ;  for 
the  second  and  every  subsequent  conviction,  a  fine  of  four  hundred  dollars 
and  costs,  and  nine  months'  imprisonment.  Four  distinct  sales  shall  be  suffi- 
cient to  constitute  the  offense  of  being  a  common  seller.  Evidence  which 
shows  that  the  defendanc  indicted  as  a  common  seller,  is  a  dealer  in  intoxi- 
cating liquors  as  a  business  or  means  of  livelihood,  may  be  introduced,  and 
he  may  be  convicted  on  such  evidence,  without  proving  four  distinct  sales. 
Evidence  of  the  condition  and  appearance  of  the  place  of  the  defendant  or 
of  the  premises  searched,  of  the  liquors  found,  or  of  the  utensils  and  con- 
veniences for  drinking  on  the  premises,  of  the  conduct  of  the  accused  at  the 
time  of  the  search,  also  evidence  that  the  accused  has  suffered  reveling, 
riotous  or  disorderly  conduct  or  drunkenness,  by  any  person  in  and  about 
his  house,  or  shop,  or  premises,  and  any  other  evidence  tending  to  show  the 
character  of  the  house,  shop,  or  place  searched,  may  be  presented  to  the  jury 
upon  the  trial  of  any  indictment  under  this  Act,  as  evidence  that  the  defend- 
ant is  a  common  seller. 

SEC.  29.  PROSECUTION  OF  APPEALS.— In  all  cases  of  appeal  under  tins 
Act,  from  the  judgment  of  such  Judge  or  Justice,  they  shall  be  conducted 
in  the  appellate  court  by  the  prosecuting  officer  of  the  government,  and  said 
prosecuting  officer  shall  be  entitled  to  receive  all  costs  taxable  to  the  State, 
in  every  case  where  a  conviction  shall  be  had  under  the  provisions  of  this 
Act ;  but  no  costs  in  such  cases  shall  be  remitted  or  reduced  by  the  prose- 
cuting officer  or  the  court.  In  any  suit,  complaint,  or  indictment,  or  other 
proceedings  against  any  person  for  a  violation  of  any  of  the  provisions  of  this 
344 


OF   MAINE. 


-  Act,  other  than  for  the  first  offense,  it  shall  not  be  requisite  to  set  forth  par- 
ticularly the  record  of  a  former  conviction,  but  it  shall  be  sufficient  to  allege, 
briefly,  that  such  person  has  been  convicted  of  a  violation  of  any  particular 
provision  of  this  Act,  or  as  a  common  seller,  as  the  case  may  be,  and  such 
allegation  in  any  criminal  process  legally  amendable  in  any  stage  of  the  pro- 
ceedings, before  final  judgment,  may  be  amended,  without  terms,  and  as  a 
matter  of  right.  Any  process,  civil  or  criminal,  legally  amendable  under 
this  Act,  may,  in  any  stage  of  the  proceedings,  be  amended  in  any  matter 
of  form,  without  costs,  on  motion  at  any  time  before  final  judgment. 

SEC.  30.  CHEMISTS,  ARTISTS,  Aip>  MANUFACTURERS. — Nothing  in  this 
Act  contained  shall  be  construed  to  prevent  any  chemist,  artist,  or  manu- 
facturer in  whose  art  or  trade  they  may  be  necessary,  from  keeping  at  his 
place  of  business  such  reasonable  and  proper  quantity  of  such  liquors  as 
he  may  have  occasion  to  use  in  his  art  or  trade,  but  not  for  sale ;  nor  to 
prohibit  the  manufacture  of  cider  and  sale  thereof  by  the  manufacturer ; 
or  the  manufacture  of  wine  from  currants  or  grapes  for  the  use  of  the 
manufacturer,  or  to  be  sold  for  City  or  Town  agents,  by  them  to  be  sold  for 
medicinal  or  sacramental  purposes. 

SEC.  31.  PURCHASES  OF  LIQUOR  FOR  AGENCY  TO  BE  MADE  BY  THE 
CIVIL  AUTHORITIES. — IMPRISONMENTS,  FEES. — All  purchases  of  liquors 
to  be  sold  by  such  agents  shall  be  made  by  the  Mayor  and  Aldermen  of 
Cities,  Selectmen  of  Towns,  and  Assessors  of  Plantations.  The  County  Com- 
missioners shall  examine  and  correct  all  bills  of  costs  under  this  Act  in  the 
manner  provided  in  the  12th  section  of  chapter  152  of  the  Revised  Satutes, 
and  order  the  same  to  be  paid.  This  provision  shall  apply  to  bills  of  cost 
arising  under  the  Acts  that  are  by  this  Act  repealed,  and  which  have  not 
been  ordered  to  be  paid,  as  well  as  to  those  arising  under  this  Act.  The 
imprisonment  under  this  Act  shall  be  in  the  county  jail  or  house  of  correc- 
tion, except  where  it  is  otherwise  provided.  The  fees  to  be  charged  for  the 
libel,  fifty  cents ;  for  entering  of  same,  thirty  cents ;  for  monition,  fifty 
cents ;  for  posting  notices  and  return,  one  dollar ;  order  to  destroy  or  re- 
store, twenty-five  cents ;  to  the  officer  for  executing  the  order  and  making 
return,  fifty  cents;  to  the  witnesses,  twenty-five  cents  each.  Wherever  in 
this  Act  fine  and  imprisonment  are  the  punishment  provided  for  the  offense 
charged,  it  shall  be  the  .duty  of  the  Justice  or  Court  to  sentence  the  convict 
or  convicts  to  both  fine  and  imprisonment,  and  the  provisions  of  the  4th 
section  of  chapter  168  of  the  Revised  Statutes  shall  not  be  applicable  to  the 
fines  and  imprisonments  provided  for  offenses  under  this  Act. 

SKC.  32.  FORMS  OF  LAW. — The  forms  set  forth  in  this  section,  with  such 
changes  as  will  adapt  them  for  use  in  Cities  and  Plantations,  shall  be 
deemed  sufficient  in  law  for  all  the  cases  arising  under  this  Act  to  which 
they  purport  to  be  adapted.  The  Magistrate  may,  if  he  chooses,  make  the 
warrant  by  him  issued  returnable  before  himself,  in  which  case  the  pro- 
visions of  section  8  of  chapter  171  of  the  Revised  Statutes  shall  be  observed. 
The  warrant  to  be  issued  in  cases  arising  under  section  llth  of  this  Act 
shall  be  substantially  in  the  form  prescribed  in  this  Act  for  such  warrant ; 
but  it  shall  in  all  cases  contain  a  direction  that  the  search  under  this 
section  shall  be  made  in  the  daytime. 

Form  of  Indictment  in  Case  of  Common  Seller  or  Manufacturer. 

State  of  Maine.  ,  ss.      At  the   Supreme  Judicial  Court,  begun 

and  holden  at  ,  within  and  for  the  County  of  ,  on  the 

Tuesday  of  • ,  in  the  year  of  our  Lord  One  Thousand 

Eight  Hundred  and  Fifty 

345 


PROHIBITORY   LAW. 


The  Jurors  for  said  State,  upon  their  oath  present,  that  A .  B.,  of  , 

in  said  County,  yeoman,  at  ,  in  said  County  of  '  ,  on  the 

day  of  ,  in  the  year  of  our  Lord  One  Thousand  Eight 

Hundred  .and  ,  and  on  divers  other  days  and  times  between  said 

day  of  aforesaid,  and  the  day  of  the  finding  of  this 

indictment,  without  any  lawful  authority,  license,  or  permission, was  a  com- 
mon seller  of  intoxicating  liquors,  against  the  peace  of  said  State,  and  con- 
trary to  the  form  of  the  Statute  in  such  case  made  and  provided.  (In  case 
of  a  former  conviction  add)  and  the  Jurors  aforesaid,  upon  their  oath  afore- 
said, do  further  present,  that  the  said  has  been  before 
convicted  as  a  common  seller  under  the  Act  in  said  County  of 

A  true  bill : 

,  County  Attorney. 

,  Foreman. 

Form  of  Complaint  and  Warrant  in  Case  of  Seizure. 

State  of  Maine.  ,  ss.    To  A.  B.,  Esquire,  one  of  the  Justices  of 

of  the  Peace  within  and  for  the  County  of 

A.  B.,  C.  D.,  and  E.  F.,  of  ,  residents  in  said  County,  and  com- 

petent to  be  witnesses  in  civil  suits,  on  the          day  of  ,  in  the 

year  Eighteen  Hundred  and  Fifty  ,  in  behalf  of  said  State,  on  oath 
complain,  that  they  have  reason  to  believe,  that  on  the  day  of  , 

in  said  year,  at  said  ,  intoxicating  liquors  were,  and  still  are,  kept 

and  deposited  by  ,  of  ,  in  said  County,  in  [Here 

describe  with  precision  the  place  to  be  searched]  said  ,  not  being 

authorized  by  law  to  sell  said  liquors  within  said  ;  and  that  said 

liquors  are  intended  for  sale  within  said  State  in  violation  of  law,  whereby 
said  liquors  and  the  vessels  in  which  the  same  are  contained  have  become 
forfeited  to  be  destroyed ;  and  said  ,  by  reason  of  the  premises,  has 

incurred  and  become  liable  to  pay  a  fine  of  twenty  dollars  to  said  State,  and 
costs  of  prosecution,  and  to  be  imprisoned  ,  and  also  to  be  imprisoned 

thirty  days  additional  in  default  of  payment  of  said  fine  and  costs. 

They  therefore  pray  that  due  process  be  issued  to  search  said  , 

and  any  yard  or  building,  other  than  a  dwelling-house,  adjoining  the 
premises  herein  before  mentioned,  if  occupied  by  the  same  person  herein 
described,  where  said  liquors  are  believed  to  be  deposited ;  and  if  there 
found,  that  the  said  liquors  and  vessels  be  seized  and  safely  kept  until  final 
action  and  decision  be  had  thereon,  and  that  said  be  forth- 

with apprehended  and  held  to  answer  to  said  complaint,  and  to  do  and 
receive  such  sentence  as  may  be  awarded  against  him,  and  that  said  liquors 
and  vessels  be  declared  forfeited  and  ordered  to  be  destroyed. 

A.  B. 
C.  D. 
E.  F. 

,  ss.  On  the          day  of  aforesaid,  the  said  A.  B.,  C.  D., 

and  E.  F.,  made  oath  that  the  above  complaint  by  them 

signed  is  true. 

Before  me,  ,  Justice  of  the  Peace. 

State  of  Maine.  ,  ss.     To  the  Sheriff  of  our  said  County  of 

or  either  of  his  deputies,  or  the  Constables  of  the  Town  of  ,  or 

either  of  the  towns  within  said  county. 
346 


OF  MAINE. 


Whereas,  A.  B.,  C.  D.,  and  E.  F.,  of  ,  resident  in  said  County, 

and  competent  to  be  witnesses  in  civil  suits,  on  the          day  of  ,  in 

the  year  Eighteen  Hundred  and  Fifty  ,  in  behalf  of  said  State, 

on  oath  complained  to  the  subscriber,  one  of  the  Justices  of  the  Peace 
within  and  for  the  said  County,  that  they  have  reason  to  believe,  and  did 
believe,  that  on  the  day  of  in  said  year,  at  said  , 

intoxicating  liquors  were  and  still  are  deposited  and  kept  by  ,  of 

,  in  said  County,  in  [Here  follows  a  precise  description 

of  the  place  to  be  searched],  said  not  being  authorized  by  law  to 

sell  said  liquors  within  said  ,  and  that  said  liquors  are  intended  for 

sale  within  said  State  in  violation  of  law ;  whereby  said  liquors,  with  the 
vessels  in  which  the  same  are  contained,  become  forfeited  to  be  destroyed, 
and  said  ,  by  reason  of  the  premises,  incurred  and  became  liable 

to  pay  a  fine  of  twenty  dollars  to  said  State  and  costs,  and  of  prosecution, 
and  to  be  imprisoned  days,  and  also  to  be  imprisoned  thirty  days  in 

default  of  the  payment  of  said  fine  and  costs,  and  prayed  that  due  process 
be  issued  to  search  said  and  any  yard  or  building,  or  other  than  a 

dwelling-house,  adjoining  the  premises  herein  before  mentioned,  if  occu- 
pied by  the  same  person  herein  described,  where  said  liquors  are  believed  to 
be  deposited,  and  if  there  found,  that  the  said  liquors  and  vessels  be  seized 
and  safely  kept  until  final  action  and  decision  be  had  thereon,  and  that  said 
be  apprehended  and  held  to  answer  to  said  complaint,  and  to  do 
and  receive  such  sentence  as  may  be  awarded  against  him,  and  that  said 
liquors  and  vessels  be  declared  forfeited  and  ordered  to  be  destroyed. 

You  are  therefore  required,  in  the  name  of  the  State,  to  enter  the 
before  named,  and  therein  search  for  said  liquors,  and  if  there  found  to 
seize  and  safely  keep  the  same  with  the  vessels  in  which  they  are  contained, 
until  final  action  and  decision  be  had  on  said  complaint ;  and  to  apprehend 
the  said  forthwith,  if  he  may  be  found  in  your  precinct,  and  bring  him 

before  me,  the  subscriber,  or  some  other  Justice  within  and  for  said  county, 
to  answer  to  said  complaint ;  and  to  do  and  receive  such  sentence  as  may  be 
awarded  against  him. 

Witness,  ,  Esquire,   at  aforesaid,  this  day  of 

,  in  the  year  eighteen  hundred  and  fifty 

,  Justice  of  the  Peace. 

Form  of  Complaint  for  Single  Sale. 

•      State  of  Maine,  ss. 

To  ,  Esquire,  one  of  the  Justices  of  the  Peace  within  and  for  the 

county  of 

A.  B.,  of  ,  in  said  county,  yeoman,  on  the  day  of  , 

in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty  ,  in  behalf 
of  said  State,  on  oath,  complains  that  ,  of  ,  in  said  county, 

laborer,  on  the  day  of  aforesaid,  at  said  ,  not  being 

appointed  by  the  Selectmen  of  said  town  as  the  agent  of  said  town  to  sell 
therein  intoxicating  liquors,  did  sell  a  quantity  of  intoxicating  liquors 
therein,  to  wit :  one  of  intoxicating  liquor  to  one  (or  if  the 

individual  be  unknown,  to  some  person  to  said  complainant  unknown), 
against  the  peace  of  said  State,  and  contrary  to  the  form  of  the  statute  in 
such  cases  made  and  provided.  A.  B. 

On  the  day  of  aforesaid,  the  said  makes  oath 

that  the  above  complaint,  by  subscribed,  is  true. 

Before  me,  ,  Justice  of  the  Peace. 

347 


PROHIBITORY  LAW 


Form  of  Warrant  upon  the  Same. 

State  of  Maine,  ,  ss. 

To  the  Sheriff  of  our  said  county  of  ,  or  either  of  his  Deputies,  or 

either  of  the  Constables  of  the  town  of  }  or  either  of  the  towns 

within  said  county — Greeting. 

Whereas  A.  B.,  of  ,  on  the  day  of  ,  A.D.,  185     , 

in  behalf  of  said  State,  on  oath  complained  to  me,  the  subscriber,  one  of  the 
Justices  of  the  Peace  within  and  for  the  county  of  ,  that  , 

of  ,  in  said  county,  on  the  day  of  ,  at  said  , 

not  being  appointed  by  the  Selectmen  of  said  town  as  the  agent  of  said  town 
to  sell  therein  intoxicating  liquors,  did  sell  a  quantity  of  intoxicating  liquors, 
to  wit :  one  of  intoxicating  liquor  to  one  ,  against  the  peace 

of  said  State,  and  contrary  to  the  form  of  the  statute  in  such  case  made  and 
provided. 

Therefore,  in  the  name  of  the  State  of  Maine,  you  are  commanded  forth- 
with to  apprehend  the  said  ,  if  he  may  be  found  in  your  precinct, 
and  bring  before  me,  the  subscriber,  or  some  other  Justice  of  the 
Peace  within  and  for  said  county,  to  answer  to  said  State  upon  the  complaint 
aforesaid. 

Witness  my  hand  and  seal  at  aforesaid,  this          day  of 

A.  D.,  185    .  ,  Justice  of  the  Peace. 

Form  of  a  Recognizance  in  case  of  a  Single  Sale 

Be  it  remembered,  that  at  a  Justice  Court  held  by  me,  the  subscriber,  one 
of  the  Justices  of  Peace  within  and  for  the  county  of  ,  at  my  office 

in  ,  in  said  county,  on  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  fifty       ,  personally  appeared 
and  ,  and  severally  acknowledged  themselves  to  be  indebted  to  the 

State  of  Maine  in  the  respective  sums  following,  to  wit : 

The  said  as  principal,  in  the  sum  of  dollars,  and  the 

said  and  as  sureties,  in  the  sum  of  dollars  each, 

to  be  levied  of  their  respective  goods,  chattels,  lands  or  tenements,  and  in 
want  thereof,  of  their  bodies  to  the  use  of  the  State,  if  default  be  made  in 
the  condition  following. 

This  condition  of  this  recognizance  is  such,  that  whereas  the  said 
has  been  brought  before  said  court,  by  virtue  of  a  warrant  duly  issued  upon 
the  complaint  on  oath  of  ,  charging  him,  the  said  ,  with 

having  sold  at  ,  said  ,  one  of  intoxicating  liquors 

to  one  ,  the  said  not  being  appointed  by  the  Selectmen 

of  said  town  as  the  agent  of  said  town  to  sell  intoxicating  liquors  therein, 
against  the  peace  of  said  State,  and  contrary  to  the  form  of  the  statute  in 
such  case  made  and  provided.  And  said  having  pleaded  not 

guilty  to  said  complaint,  but  having  been  by  said  court  found  guilty  of  the 
same,  and  been  sentenced  to  ;  and  the  said  having 

appealed  from  said  sentence  to  the  next  Supreme  Judicial  Court  next  to  be 
holden  at  ,  within  and  for  said  county  of  ,  on  the 

Tuesday  of  : 

Now  therefore,  if  the  said  shall  appear  at  the  court  aforesaid 

and  prosecute  his  said  appeal  with  effect,  and  abide  the  order  and  judgment 
of  said  court,  and  not  depart  without  license,  then  this  recognizance  shall 
be  void ;  otherwise  remain  in  full  force  and  virtue. ' 

Witness,  ,  Justice  of  the  Peace. 

348 


OF  MAINE 


Form  of  Recognizance  in  Case  of  Seizure. 

Be  it  remembered,  that  at  a  Justice  Court  held  by  me,  the  subscriber,  one 
of  the  Justices  of  the  Peace  within  and  for  the  county  of  ,  at  my 

house  in  said  ,  on  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  fifty  ,  personally  appeared  A.  B., 
C.  D.,  and  E.  F.,  and  severally  acknowledged  themselves  to  be  indebted  to 
the  State  of-  Maine  in  the  respective  sums  following,  to  wit : 

The  said  as  principal,  in  the  sum  of  dollars,  and  the 

said  and  as  sureties  in  the  sum  of  dollars 

each,  to  be  levied  of  their  respective  goods,  chattels,  lands  or  tenements,  and 
in  want  thereof,  of  their  bodies  to  the  use  of  the  State,  if  default  be  made  in 
the  condition  following. 

The  condition  of  this  recognizance  is  such,  that  whereas  the  said 
has  been  brought  before  said  court  by  virtue  of  a  warrant  duly  issued  upon 
the  complaint,  on  oath,  of  Gr.  H.,  I.  J.,  and  K.  L.,  of  said  ,  all 

competent  witnesses  in  civil  suits,  and  resident  within  said  county,  charging 
him,  the  said  ,  with  having  at  ,  on  the  day  of 

,  kept  and  deposited  certain  intoxicating  liquors  in  [here  describe 
the  place  where  the  same  are  deposited],  with  the  intent  to  sell  the  same  in 
said  ,  in  violation  of  law ;  said  not  being  authorized 

or  appointed  to  sell  the  same  in  said  ,  and  a  search  warrant  hav- 

ing been  duly  issued  upon  said  complaint,  and  said  liquors  above  described 
having  been  seized  thereon,  and  the  said  duly  arrested  thereon, 

and  said  having  pleaded  not  guilty  to  said  complaint,  but  having 

been  by  said  Court  found  guilty  of  the  same,  and  been  sentenced  to 
And  the  said  having  appealed  from  said  sentence  to  the  next 

Supreme  Judicial  Court,  next  to  be  holden  at  ,  within  and  for 

said  County  of  ,  on  the  Tuesday  of  .     Now,  there- 

fore, if  the  said  shall  appear  at  the  Court  aforesaid,  and  prose- 

cute his  said  appeal  with  effect,  and  abide  the  order  and  judgment  of  said 
Court,  and  not  depart  without  license,  then  his  recognizance  shall  be  void; 
otherwise,  remain  in  full  force  and  virtue. 

Witness,  ,  Justice  of  the  Peace. 

Form  of  Mittimus. 

State  of  Maine.      County  of  ss. 

To  the  Sheriff  of  the  County  of  ,  or  his  deputies,  or  the  Constables 

of  the  Town  (or  City)  of  ,  and  to  the  keeper  of  the  jail  in 

in  our  said  County— Greeting. 

Whereas,  E.  F.,  of  ,  in  our  County  of  ,  now  stands 

convicted  before  me,  A.  B.,  one  of  the  Justices  of  the  Peace  in  and  for  the 
County  of  ,  on  the  complaint  of  ,  who,  on  his  (or  their") 

oath,  complains  that  [Here  insert  the  substance  of  the  complaint.] 

against  the  peace  of  the  State  and  contrary  to  the  form  of  the 
statute  in  such  case  made  and  provided,  for  which  offense,  he,  the  said 
E.  F.,  is  sentenced  to  pay  a  fine  for  the  use  of  the  State  of  twenty  dollars 
and  costs  of  prosecution,  taxed  at  ,  (and  to  stand  committed  until 

the  sentence  be  performed,  all  which  sentence  the  said  E.  F.,  now  before 
me,  the  said  Justice,  fails  and  refuses  to  comply  with  and  perform). 

The^e  are,  therefore,  in  the  name  of  the  State  of  Maine,  to  command  you, 
the  said  Sheriff,  Deputies,  and  Constables,  and  each  of  you,  forthwith  to 
convey  the  said  E.  F.  to  the  common  jail  in  ,  in  the  County  afore- 

349 


PROHIBITORY  LAW  OF  MAINE. 


said,  and  to  deliver  him  to  the  keeper  thereof,  together  with  this  precept : 
And  you  the  keeper  of  the  said  jail  in  aforesaid,  are  hereby  in  like 

manner  commanded,  in  the  name  of  the  State  of  Maine,  to  receive  the  said 
E.  F.  into  your  custody,  in  said  jail,  and  him  there  safely  to  keep  until  he 
shall  comply  with  said  sentence,  or  be  otherwise  discharged  by  due  course 
of  law. 

Given  under  my  hand  and  seal  this  day  of  ,  A.D. 

A.  B.,  Justice  of  the  Peace. 

When  the  sentence  shall  be,  in  addition  to  the  fine,  thirty,  sixty,  or  ninety 
days'  imprisonment,  the  substance  of  the  complaint  being  duly  set  forth, 
insert  in  the  mittimus  instead  of  the  words  included  in  the  foregoing  form, 
in  brackets,  as  follows :  (and  days  of  imprisonment  in  the  common 

jail,  all  which  sentence,  the  said  E.  F.  now  being  before  me,  remains  to  be 
performed).  If  the  fine  and  costs  are  paid,  insert  (which  sentence  to 
days'  imprisonment,  the  said  E.  F.  now  being  before  me,  remains  to  be  com- 
plied with  and  performed,)  and  in  like  manner  in  all  cases,  the  sub- 
stance of  the  complaint  being  set  forth,  and  the  recital  of  the  sentence 
conformed  to  the  fact,  the  same  form  in  substance  may  be  used,  and  shall 
be  sufficient  in  law. 

SEC.  33.  FORMER  ACTS  REPEALED. — The  Act  entitled  An  Act  for  the 
Suppression  of  Drinking  H  raises  and  Tippling  Shops,  approved  June  2, 1851, 
and  an  Act  entitled  An  Act  in  addition  to  Chapter  211  of  the  Statutes  of 
1851,  approved  March  31,  1853,  and  all  Acts  and  parts  of  Acts  inconsistent 
with  this  Act,  are  hereby  repealed,  saving  all  actions,  indictments,  and 
other  processes  pending,  and  that  said  Acts  shall  be  continued  in  force  for 
the  punishment  of  all  offenses  committed  under  said  Acts  up  to  the  time 
when  this  Act  shall  take  effect. 

SEC.  34.  WHEN  TO  TAKE  EFFECT.— This  Act  shall  take  effect  on  the 
first  day  of  May,  1855. 

Approved  March  16,  1855. 
350 


THE 

PROHIBITORY   LIQUOR   LAWS 

OF 

MASSACHUSETTS. 


AN  ACT  CONCERNING  THE  MANUFACTURE  AND  SALE  OF  SPIR- 
ITUOUS AND  INTOXICATING  LIQUORS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same  as  follows : 

SEC.  1.  THE  MANUFACTURE  AND  SALE  OF  LIQUORS  CRIMINAL. — It  shall 
be  unlawful  and  criminal  for  any  person  to  manufacture  for  sale,  or  sell  by 
himself,  his  clerk,  servant,  or  agent,  directly  or  indirectly,  any  spirituous 
or  intoxicating  liquor,  or  any  mixed  liquor,  a  part  of  which  is  spirituous  or 
intoxicating,  unless  he  is  duly  authorized  so  to  do,  as  is  hereinafter  provided. 
Ale,  porter,  strong  beer,  lager  beer,'cider,  and  all  wines,  shall  be  considered 
intoxicating  liquors,  within  the  meaning  of  this  Act,  as  well  as  all  distilled 
spirits ;  but  this  enumeration  shall  not  prevoat  any  other  pure  or  mixed 
liquors  from  being  regarded  as  intoxicating. 

SEC.  2.  RIGHTS  OF  IMPORTERS  AND  DRUGGISTS. — Nothing  in  this  Act 
shall  be  construed  to  forbid  the  sale,  by  the  importer  thereof,  of  foreign 
spirituous  or  intoxicating  liquors  imported  under  the  authority  of  the  laws 
of  the  United  States  regarding  the  importation  of  such  liquor,  and  in  accord- 
ance with  said  laws,  provided  that  the  said  liquor,  at  the  time  of  said  sale 
by  said  importer,  remains  in  the  original  casks  or  packages  in  which  it  was 
by  him  imported,  and  in  quantities  not  less  than  the  quantities  in  which  the 
laws  of  the  United  States  require  such  liquor  to  be  imported,  and  is  sold  by 
him  in  said  casks  or  packages,  and  in  said  quantities  only,  and  as  pure  and 
unadulterated  as  when  imported.  And  druggists  may  sell  pure  alcohol  to 
other  druggists,  apothecaries,  and  physicians,  known  to  be  such,  for  medi- 
cinal purposes  only ;  provided,  however,  that  every  druggist  so  selling  shall 
keep  a  book,  in  which  he  shall  enter  the  date  of  every  sale  of  alcohol  made 
by  him,  the  name  of  the  purchaser,  his  residence,  and  the  quantity  sold, 
and  if  exported,  the  place  to  which  exported  and  the  name  of  the  consignee ; 
which  book  shall  at  all  times  be  open  to  the  inspection  of  the  mayor  and 
aldermen  of  the  city,  or  the  selectmen  of  the  town,  in  which  he  has  his  place 
of  business.  And  if  any  druggist,  or  the  clerk  or  agent  of  such  druggist, 
shall  be  convicted  of  an  illegal  sale,  he  shall  pay  a  fine  of  one  thousand  dol- 
lars, one  half  of  which  shall  go  to  the  complainant  and  the  other  half  to  the 
Commonwealth. 

SEC  3.  RELATING  TO  OWNING  AND  KEEPING  LIQUORS  WITH  INTENT 
TO  SELL. — It  shall  be  unlawful  and  criminal  for  any  person  to  own,  possess, 

351 


PROHIBITORY  LAWS 


or  keep  any  spirituous  or  intoxicating  liquor,  with  intent  to  sell  the  same  in 
this  Commonwealth ;  and  no  owner  of  any  such  liquor  shall  permit  or  suffer 
any  other  person  to  keep  the  same  for  the  purpose  of  selling  the  same  in  this 
Commonwealth. 

SEC.  4.  RIGHTS  or  CHEMISTS  AND  ARTISTS. — Nothing  in  this  Act  shall 
Toe  construed  to  forbid  the  owning,  possessing,  or  keeping  of  liquors  of  foreign 
production,  imported  Toy  the  owner  or  keeper  thereof  tinder  the  laws  of  the 
United  States,  and  in  accordance  therewith,  contained  in  the  original  pack- 
ages in  which  it  was  by  said  owner  er  keeper  imported,  and  in  quantities 
not  less  than  the  laws  of  the  United  States  prescribe,  or  the  owning,  possess- 
ing, or  keeping  of  liquors  for  sale  under  the  authority  of  this  Act ;  and 
nothing  contained  in  this  Act  shall  be  construed  to  prevent  any  chemist, 
artist,  or  manufacturer,  in  whose  art  or  trade  they  may  be  necessary,  from 
keeping  at  his  place  of  business  such  spirituous  liquors  as  he  may  have  oc- 
casion to  use  in  his  art  or  trade,  but  not  for  sale ;  and  nothing  in  this  Act  shall 
be  construed  to  prevent  the  manufacture  or  sale  of  cider  for  other  purposes 
than  that  of  a  beverage,  or  of  unadulterated  wine  for  sacramental  purposes. 

SEC.  5.  AGENCIES. — The  selectmen  of  any  town,  and  the  mayor  and  alder- 
men of  any  city,  on  the  first  Monday  of  May  annually,  or  as  soon  thereafter 
as  may  be  convenient,  may  appoint  some  suitable  person  or  persons  as  agent 
or  agents  of  such  city  or  town,  to  purchase  spirituous  or  intoxicating  liquors, 
and  to  sell  the  same  at  some  central  or  convenient  place  or  places  within 
said  city  or  town,  to  be  used  in  the  arts,  or  for  medicinal,  chemical,  and  me- 
chanical purposes,  and  no  other ;  and  every  such  agent  shall  receive  such 
fixed  and  definite  salary,  not  dependent  in  amount  upon  the  sales,  for  his 
services,  as  the  board  appointing  him  shall  prescribe,  and  shall,  in  the  sale 
of  such  liquors,  conform  to  such  rules  and  regulations  as  the  selectmen,  or 
mayor  and  aldermen  aforesaid,  shall  prescribe  for  that  purpose ;  and  every 
such  agent  shall  hold  his  situation  for  one  year  from  the  time  of  his  appoint- 
ment, unless  sooner  removed^  by  the  board  which  appointed  him,  as  he  may 
be,  at  any  time,  at  the  pleasure  of  said  board ;  provided  that  the  selectmen 
of  every  town  containing  not  less  than  one  thousand  inhabitants,  and  the 
mayor  and  aldermen  of  every  city  shall  appoint  at  least  one  such  agent 
every  year,  under  the  penalty  of  forfeiting  the  sum  of  one  hundred  dollars 
for  neglecting  to  make  such  appointment  for  the  space  of  three  months  after 
they  have  entered  upon  their  respective  offices,  to  be  recovered  in  an  action 
of  tort  brought  in  the  court  of  common  pleas  by  any  person  who  may  sue 
for  the  same,  one  half  for  his  own  benefit,  the  other  half  for  the  benefit  of 
the  Commonwealth. 

SEC.  6.  REGULATIONS  FOR  AGENTS. — Every  agent  appointed  according 
to  the  preceding  section  shall  keep  a  book,  in  which  he  shall  enter  the  date 
of  every  sale  of  spirituous  liquor  made  by  him,  the  person  to  whom  sold, 
the  kind,  quantity,  and  price  of  the  liquor  sold,  and  the  purpose  for  which 
it  was  sold,  substantially  in  the  following  form,  to  wit : 


Date. 

Name. 

Residence. 

Kind  and  quantity. 

Purpose  of  use. 

Price. 

352 


OF  MASSACHUSETTS. 


Which  book  shall  at  all  times  be  open  to  the  inspection  of  the  selectmen  of 
the  town,  or  the  mayor  and  aldermen  of  the  city,  for  which  such  agent  may 
be  appointed,  and  also  to  overseers  of  the  poor,  sheriffs,  constables,  and 
justices  of  the  peace,  in  the  towns  and  cities  in  which  they  respectively  re- 
side. Every  such  agent  shall  also  keep  an  account  of  all  purchases  of  spir- 
ituous or  intoxicating  liquors  made  by  him,  in  which  he  shall  specify  the 
kinds  and  quantity  purchased,  the  prices  paid,  and  the  persons  of  whom 
they  were  purchased,  together  with  the  dates  of  the  purchases ;  and  he  shall 
also  keep  a  regular  account  of  all  the  forfeited  spirituous  or  intoxicating 
liquors  delivered  to  him  for  sale  by  order  of  any  justice  or  court. 

SEC.  7.  IMPOSING  UPON  AGENTS. — If  any  person  purchasing  any  spir- 
ituous or  intoxicating  liquor  of  any  such  agent  shall  intentionally  make  to 
such  agent  any  false  statement  regarding  the  use  to  which  such  liquor  is 
intended  to  be  applied  by  the  purchaser,  such  person  so  offending  shall,  upon 
conviction  thereof  before  any  justice  of  the  peace  or  police  court,  forfeit  and 
pay  a  fine  of  not  less  than  five  nor  more  than  twenty  dollars  and  the  costs 
of  prosecution,  and  shall  stand  committed  till  the  same  be  paid. 

SEC.  8.  CERTIFICATES  FOR  AGENTS. — Every  agent  appointed  as  afore- 
said shall  receive  a  certificate  from  the  mayor  and  alderman  or  selectmen 
by  whom  he  may  be  appointed,  authorizing  him,  as  agent  of  such  city  or 
town,  to  purchase  intoxicating  liquors  to  be  used  in  the  arts,  or  for  medici- 
nal, chemical,  and  mechanical  purposes  only,  and  only  to  sell  the  same  for 
such  purposes  and  no  other,  at  such  place  within  their  respective  town  or 
city  as  by  them  shall  be  deemed  suitable,  which  place  shall  be  designated 
with  precision  in  said  certificate ;  but  such  certificate  shall  not  be  delivered 
to  the  person  so  appointed  until  he  shall  have  executed  and  delivered  to  said 
board  a  bond,  with  two  good  and  sufficient  sureties,  in  the  sum  of  six  hun- 
dred dollars,  in  substance  as  follows : 

Know  all  men,  that  we,  ,  as  principal,  and  and 

as  sureties,  are  holden  and  stand  firmly  bound  to  the  inhabitants  of  the 
town  of  (or  city,  as  the  case  may  be)  in  the  sum  of  six  hundred 

dollars,  to  be  paid  unto  them,  their  successors,  or  assigns,  to  which  payment 
we  bind  ourselves,  our  heirs,  executors,  and  administrators,  jointly  and 
severally,  firmly  by  these  presents.     Sealed  with  our  seals,  and  dated  this 
day  of  ,  A.D.  .     The  condition  of  this  obligation 

is  such,  that,  whereas  the  above  bounden  has  been  duly  appointed 

an  agent  for  the  town  (or  city)  of  to  purchase  intoxicating  liquors, 

and  to  sell  the  same  within,  for,  and  on  account  of  said  town  (or  city),  to 
be  used  in  the  arts,  or  for  medicinal,  chemical,  and  mechanical  purposes, 
and  no  other,  until  the  day  of  ,  A.D.  ,  unless  sooner 

removed  from  said  agency.      Now,  if  the  said  shall  in  all  respects 

conform  to  the  provisions  of  law  relating  to  the  business  for  which  he  is 
appointed,  and  to  such  rules  and  regulations  as  now  are,  or  shall,  from  time 
to  time  be  established  by  the  board  making  the  appointment,  then  this  obli- 
gation to  be  void ;  otherwise,  to  remain  in  full  force. 

And  the  town  and  city  clerks  shall  keep  a  record  of  the  names  and  certif- 
icates in  full  of  all  persons  appointed  as  aforesaid  as  agents  in  their  respect- 
ive towns  and  cities,  which  record  shall  be  open  to  public  inspection  at  all 
reasonable  times ;  and  the  said  town  and  city  clerks  shall,  as  soon  as  prac- 
ticable after  the  appointment  of  said  agents,  furnish  a  list  of  their  names 
to  the  county  commissioners  of  their  respective  counties. 

SEC.  9.  MANUFACTURERS  OF  LIQUORS.  —  The  commissioners  of  the 
several  counties,  and  the  mayor  and  alderman  of  the  city  of  Boston,  on  tho 

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PROHIBITORY  LAWS 


first  Monday  of  May  annually,  or  as  soon  thereafter  as  practicable,  may 
authorize  such  persons  as  shall  apply  to  them  in  writing  to  manufacture 
spirituous  or  intoxicating  liquors  at  a  suitable  place  or  places  within  their 
respective  counties  and  city,  and  to  sell  the  same  in  quantities  not  less  than 
thirty  gallons,  to  be  exported  out  of  the  Commonwealth,  and  to  be  used  in 
the  arts,  or  for  mechanical  and  chemical  purposes  in  this  Commonwealth, 
or  in  any  quantity  to  duly  authorized  agents  of  towns  and  cities ;  and  such 
authority,  given  as  aforesaid,  shall  continue  for  the  term  of  one  year  from 
the  date  thereof,  unless  sooner  revoked  for  cause,  or  annulled  as  hereinafter 
provided. 

SEC.  10.  RULES  FOR  MANUFACTURERS. — Every  manufacturer  author- 
ized according  to  the  provisions  of  the  foregoing  section  shall  keep  a  book, 
in  which  he  shall  enter  the  date  of  every  sale  of  spirituous  liquors  made  by 
him,  the  name  of  the  purchaser,  his  residence,  and  the  quantity  and  kind 
of  liquor  sold,  and,  if  exported,  the  place  to  which  exported,  and  the  name 
of  the  consignee,  substantially  in  the  following  form,  to  wit : 


Date. 

Nape  of 
Purchaser. 

Kesidence  of 
Purchaser. 

Quantity  &  kind 
of  Liquor. 

Where 
Exported. 

Name  of 
consignee. 

Purpose  of 
use. 

Which  book  shall  at  all  times  be  open  to  the  inspection  of  the  mayor  and 
aldermen,  or  of  the  county  commissioners  by  whom  he  was  authorized  to 
manufacture  spirits. 

SEC.  11.  CERTIFICATES  FOR  MANUFACTURERS. — Every  person  author- 
ized as  aforesaid  shall  receive  a  certificate  from  the  county  commissioners, 
or  the  mayor  and  aldermen  by  whom  he  is  authorized,  giving  him  authority 
to  manufacture  and  sell  spirituous  and  intoxicating  liquors,  as  aforesaid,  at 
such  place  within  their  respective  counties  or  city  as  by  them  shall  be 
deemed  suitable,  which  place  shall  be  designated  with  precision  in  such 
certificate ;  but  such  certificate  shall  not  be  delivered  to  such  person  until 
he  shall  have  executed  and  delivered  to  said  board  a  bond,  with  two  good 
and  sufficient  sureties,  in  the  sum  of  six  thousand  dollars,  in  substance  as 
follows : 

Know  all  men,  that  we,  ,  as  principal,  and  and 

as  sureties,  are  holden  and  firmly  bound  to  the  inhabitants  of  the  county 
of  (or  city  of  Boston,  as  the  case  may  be),  in  the  sum  of  six 

thousand  dollars,  to  be  paid  unto  them,  their  successors,  or  assigns,  to 
which  payment  we  bind  ourselves,  our  heirs,  executors,  and  administrators, 
jointly  and  severally,  firmly  by  these  presents.  Sealed  with  our  seals,  and 
dated  this  day  of  ,  A.D.  .  The  condition  of  this 

obligation  is  such,  that,  whereas  the  above  bdunden  has  been  duly 

authorized  to  manufacture  spirituous  and  intoxicating  liquors  at  , 

in  the  town  (or  city)  of  ,  and  county  of  ,  and  to  sell  the 

same  in  quantities  not  less  than  thirty  gallons,  to  be  exported  out  of  the 
Commonwealth,  or  to  be  used  in  the  arts,  or  for  mechanical  and  chemical 
purposes,  or  in  any  quantity  to  duly  authorized  agents  of  towns  and  cities, 
as  by  law  provided,  until  the  day  of  ,  A.D.  ,  unless 

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OF  MASSACHUSETTS. 


such  authority  be  sooner  revoked  or  annulled.  Now,  if  the  said 
shall  in  all  respects  conform  to  the  provisions  of  law  relating  to  the  busi- 
ness which  he  is  authorized  as  above  to  pursue,  and  shall  violate  no  law 
of  the  Commonwealth  touching  the  manufacture  and  sale  of  spirituous  or 
intoxicating  liquors  during  the  term  for  which  he  is  authorized  to  manu- 
facture such  liquors  as  above  mentioned,  then  this  obligation  to  be  void ; 
otherwise,  to  remain  in  full  force. 

And  if  any  person  so  authorized  and  bound  shall  commit  any  breach  of 
the  conditions  of  his  bond,  his  certificate  shall  thereupon  be  null  and  void, 
and  he  shall  not  thereafter  be  authorized  or  permitted  to  manufacture  or 
sell  spirituous  or  intoxicating  liquors. 

SEC.  12.  RECORD  OF  NAMES  OF  MANUFACTURERS. — The  clerks  of  the 
commissioners  of  the  several  counties,  and  the  city  clerk  of  Boston,  shall 
keep  a  record  of  the  names,  residences,  and  certificates  in  full  of  all  persons 
authorized  by  said  commissioners,  and  the  mayor  and  aldermen  of  Boston, 
respectively,  to  manufacture  and  sell,  as  hereinbefore  provided  in  section 
fifth,  and  also  the  names  and  residences  of  all  agents  of  towns  and  cities, 
furnished  them  by  town  and  city  clerks,  as  provided  in  section  eighth,  which 
record  shall  be  open  to  public  inspection  at  all  reasonable  times  ;  and  they 
shall  furnish  a  list  of  said  names,  with  their  residences,  to  all  persons  au- 
thorized by  boards  respectively  to  manufacture  and  sell  spirituous  or  intoxi- 
cating liquors,  and  to  all  agents  of  towns  and  cities,  whose  names  have  been 
furnished  them  as  aforesaid  within  their  respective  counties. 

SEC.  13.  MAY  ARREST  WITHOUT  A  WARRANT. — Any  mayor,  alderman, 
selectman,  sheriff,  deputy  sheriff,  chief  of  police,  or  deputy  chief  of  police, 
city  marshal,  deputy  or  assistant  marshal,  police  officer,  constable  or  watch- 
man, in  his  city  or  town,  may,  without  a  warrant,  arrest  any  person  or  persons 
whom  they  may  find  in  the  act  of  illegally  selling,  transporting,  or  distributing 
intoxicating  liquors,  and  seize  the  liquors,  vessels,  and  implements  of  sale  in 
the  possession  of  said  person  or  persons,  and  detain  them  in  some  place  for 
safe  keeping  until  warrants  can  be  procured  on  complaint  made  for  the  trial 
of  said  person  or  persons,  and  for  the  seizure  of  said  liquor,  vessels,  and  im- 
plements under  the  provisions  of  this  Act ;  and  it  shall  be  the  duty  of  the 
several  officers  aforesaid  to  enforce  the  penalties  provided  in  this  Act,  or 
cause  them  to  be  enforced,  against  every  person  who  shall  be  guilty  of  any 
violation  thereof  of  which  they  can  obtain  reasonable  proof.  And  if  any 
sheriff,  deputy  sheriff,  chief  of  police,  or  deputy  chief  of  police,  constable,  or 
police  officer  shall  be  furnished  with  a  written  notice  of  any  violation  of  this 
Act,  and  the  names  of  witnesses  thereof,  and  shall  for  two  weeks  neglect  to 
commence  an  action  thereon,  or  prosecute  any  complaint  thereafter,  shall 
be  entitled  to  all  fines  imposed  and  collected  for  said  violation  of  this  Act. 

SEC.  14.  BREACH  OF  CONDITIONS  OF  BONDS  GIVEN  BY  AGENTS,  ETC. — 
Whenever  complaint  shall  be  made  to  the  county  commissioners  of  any 
county,  or  to  the  mayor  and  aldermen  of  any  city,  or  to  the  selectmen  of  any 
town,  that  a  breach  of  the  conditions  of  the  bond,  given  by  any  person  au- 
thorized by  them  to  purchase  and  sell,  or  to  manufacture  and  sell,  intoxi- 
cating liquors,  has  been  committed,  they  shall  notify  the  person  complained 
of ;  and  if,  upon  a  hearing  of  the  parties,  it  shall  appear  that  any  breach 
of  such  bond  has  been  committed,  they  shall  revoke  and  make  void  his. 
authority,  and  shall,  at  the  expense  and  for  the  use  of  their  county,  city,  or 
town,  cause  the  bond  to  be  put  in  suit  in  any  court  proper  to  try  the 
same,  or  they  may  put  such  bond  in  suit  without  said  complaint,  notice,  or 
hearing. 

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PROHIBITORY  LAWS 


SEC.  15.  PENALTIES  FOR  SINGLE  SALES. — If  any  person,  by  himself,  his 
clerk,  servant,  or  agent,  shall,  directly  or  indirectly,  or  on  any  pretense  or 
by  any  device,  sell,  or  in  consideration  of  the  purchase  of  any  other  prop- 
erty, give  to  any  other  person,  any  spirituous  or  intoxicating  liquor,  or 
nny  mixed  liquor,  part  of  which  is  spirituous  or  intoxicating,  in  violation  of 
the  provisions  of  this  Act,  he  shall,  on  being  convicted  of  one  such  violation 
of  the  provisions  of  this  Act,  pay  ten  dollars  and  the  costs  of  the  prosecu- 
tion, and  be  imprisoned  in  the  house  of  correction  not  less  than  twenty  nor 
more  than  thirty  days ;  on  being  convicted  of  a  second  such  violation  therof, 
either  at  the  same  or  another  term  of  the  court,  or  on  the  same  complaint  or 
indictment  which  charges  the  first  such  violation  of  this  Act,  or  on  another, 
he  shall  pay  twenty  dollars  and  the  costs  of  prosecution,  and  shall  be  im- 

§risoned  in  the  house  of  correction  not  less  than  thirty  nor  more  than  sixty 
ays  ;  on  being  convicted  of  a  third,  and  any  subsequent  such  violation  of 
this  Act,  either  at  the  same  or  different  term  of  the  court,  or  on  the  same 
complaint  or  indictment  which  charges  the  first  and  second,  or  any  violation 
or  violations  of  this  Act,  or  on  another  complaint  or  indictment,  he  shall  pay 
fifty  dollars  and  the  costs'  of  prosecution,  and  shall  be  imprisoned  in  the 
house  of  correction  not  less  than  three  nor  more  than  six  months ;  and  if  any 
clerk,  servant,  or  agent,  or  any  other  person  in  the  employment  or  on  the 
premises  of  another,  shall  violate  the  provisions  of  this  section,  he  shall  be 
held  equally  guilty  with  the  principal,  and  on  conviction  shall  suffer  the 
same  punishment.  And  when  any  act  in  violation  of  the  provisions  of  this 
section  has  been  committed  by  any  clerk,  servant,  or  agent,  or  other  person 
as  aforesaid,  the  names  of  all  the  parties  charged  with  the  offense  may  be 
included  in  the  same  complaint,  warrant,  or  indictment,  and  all  the  parties  may 
be  tried  at  the  same  time,  and  judgment  shall  be  rendered  accordingly,  and 
each  person  so  convicted  shall  be  subject  to  the  fines  and  imprisonment  pro- 
vided for  the  offense.  And  one  or  more  violations  of  the  provisions  of  this 
section  may  be  alleged  in  the  same  complaint  or  indictment,  and  be  tried  at 
the  same  time ;  and  when  any  person  is  convicted  of  more  than  one  offense 
on  any  such  complaint  or  indictment,  he  shall  be  subject  to  the  same  punish- 
ments as  if  he  had  been  successively  convicted  on  as  many  complaints  or  in- 
dictments as  there  are  offenses  of  which  he  is  convicted :  provided,  that  the 
whole  aggregate  term  of  imprisonment  under  any  one  complaint  or  indict- 
ment, or  at  any  one  term  of  the  court,  for  violations  of  the  provisions  of  this 
section,  shall  never  exceed  one  year.  Provided,  always,  that  the  fines  im- 
posed by  this  section  shall  always  be  in  addition  to  the  imprisonment,  and 
that,  if  the  fine  and  costs  in  any  case  be  not  paid,  the  imprisonment  shall  be 
extended  thirty  days.  Ten  dollars,  attorney's  fee,  to  be  paid  to  the  attorney 
who  appears  for  the  government,  shall  be  taxed  and  allowed  as  part  of  the 
costs  in  each  case  when  a  fine  is  imposed  under  this  Act. 

SEC.  16.  JUSTICES  OF  THE  PEACE  MAY  TRY  CASES. — Every  offense  de- 
clared in  the  preceding  section  may  be  tried  and  punished  by  any  justice  of 
the  peace  or  police  court  having  jurisdiction  to  try  criminal  offenses  in  the 
place  where  the  same  was  committed,  as  well  as  by  the  court  of  common 
pleas  or  municipal  court. 

SEC.  17.  PENALTIES  FOR  MANUFACTURING  OR  COMMON  SELLING. — If 
any  person  shall  be  a  manufacturer  of  any  spirituous  or  intoxicating  liquor 
for  sale,  or  a  common  seller  thereof,  without  being  duly  appointed  or  author- 
ized as  aforesaid,  and  in  violation  of  the  provisions  of  this  Act,  he  shall,  on 
being  convicted  of  one  such  violation  of  the  provisions  of  this  Act,  pay  fifty 
dollars  and  the  costs  of  prosecution,  and  be  imprisoned  in  the  house  of  cor- 
rection not  less  than  three  nor  more  than  six  months,  and  shall  stand  com- 
356 


OF  MASSACHUSETTS. 


mitted  until  the  said  fine  and  costs  are  paid ;  and,  on  being  convicted  of  a 
second  such  violation  thereof,  either  at  the  same  or  a  different  term  of  the 
court,  or  on  the  same  indictment  which  charges  the  first  such  violation  of  this 
Act,  or  on  another,  shall  pay  the  sum  of  two  hundred  dollars  and  the  costs 
of  prosecution,  and  be  imprisoned  six  months  in  the  house  of  correction ;  and 
on  being  convicted  of  a  third  and  any  subsequent  such  violation  of  this  Act, 
either  at  the  same  or  a  different  term  of  the  court,  or  on  the  same  indictment 
which  charges  the  first  and  second  or  any  violations  or  violation  of  this  Act, 
or  on  another  indictment,  he  shall  pay  the  sum  of  two  hundred  dollars  and 
the  costs  of  prosecution,  and  shall  be  imprisoned  twelve  months  in  the  house 
of  correction  in  the  county  where  the  offense  was  committed ;  the  offenses 
declared  by  this  section  to  be  tried  by  indictment,  and  punished  by  the  court 
of  common  pleas  or  municipal  court,  in  the  respective  counties  where  the 
offenses  are  committed.  And  three  several  sales  of  spirituous  or  intoxicating 
liquors,  either  to  different  persons  or  to  the  same  person,  shall  be  sufficient 
evidence  of  a  violation  of  this  section,  but  this  shall  not  prevent  proof  of  the 
same  by  other  evidence.  And  if  any  clerk,  servant,  or  agent,  or  any  other 
person  in  the  employment  or  on  the  premises  of  another,  shall  violate  the 
provisions  of  this  section,  he  shall  be  held  equally  guilty  with  the  principal, 
and,  on  conviction,  shall  suffer  the  same  punishment;  and  when  any  act  in 
violation  of  the  provisions  of  this  section  has  been  committed  by  any  clerk, 
servant,  or  agent,  or  other  person,  as  aforesaid,  the  names  of  all  the  parties 
accused  may  be  included  in  the  same  complaint  or  indictment,  and  all  the 
parties  may  be  tried  at  the  same  time,  and  judgment  be  rendered  accord- 
ingly ;  and  each  person  so  convicted  shall  incur  the  fines  and  imprisonment 
provided  for  the  offense;  and  two  or  more  acts  of  violation  of  the  provisions 
of  this  section  may  be  alleged  in  the  same  complaint  or  indictment,  and  ba 
tried  at  the  same  time  ;  and  every  person  convicted  on  any  such  indictment 
shall  be  subject  to  the  same  punishments  as  if  he  had  been  successively 
convicted  on  as  many  indictments  as  there  are  counts  on  which  he  has  been 
convicted  :  provided,  that  the  whole  aggregate  term  of  imprisonment  to 
which  any  person  may  be  sentenced  under  any  one  indictment,  or  at  any 
one  term  of  the  court,  for  violations  of  this  section,  shall  never  exceed  one 
year. 

SEC.  18.  EXPRESSMEN  AND  COMMON  CARRIERS. — If  any  expressman, 
common  carrier,  or  other  person,  shall,  for  the  purpose  of  conveying  to  any 
other  person,  receive  any  spirituous  or  intoxicating  liquor  which  has  been 
sold  or  is  intended  for  sale  in  violation  of  this  Act,  he  having  reasonable 
cause  to  believe  that  the  same  has  been  so  sold  or  is  so  intended  to  be  sold,  such 
expressman,  common  carrier,  or  other  person,  shall,  on  conviction  thereof, 
pay  twenty  dollars  and  the  costs  of  prosecution,  and  shall  stand  committed 
until  the  same  be  paid  ;  the  same  to  be  recovered  on  complaint  before  any 
justice  of  the  peace,  or  police  court  having  criminal  jurisdiction,  either  in 
the  place  where  said  liquor  may  be  received,  or  in  any  place  through  which 
it  may  be  carried,  or  in  the  place  at  which  it  may  be  delivered  to  the  pur- 
chaser or  any  person  for  him. 

SEC.  19.  TRANSPORTATION  BY  EAILROADS. — If  any  person  having  .au- 
thority from  any  railroad  corporation  to  receive  goods  to  be  transported  by 
such  corporation  shall  receive  any  spirituous  or  intoxicating  liquor  which 
has  been  sold,  or  is  intended  for  sale,  in  violation  of  this  Act,  for  the  purposo 
of  having  the  same  transported  on  such  railroad,  he,  at  the  time  of  receiv- 
ing the  same,  having  reasonable  cause  to  believe  that  the  same  has  been  so 
sold,  or  is  so  intended  for  sale,  he  shall  be  liable  to  be  tried  and  punished  as 
a  common  carrier  as  before  provided ;  and  the  said  railroad  corporation  shalJ 

357 


PROHIBITORY  LAWS 


also  be  liable  to  pay  a  fine  of  fifty  dollars  and  tlie  costs  of  prosecution,  to  be 
recovered  by  indictment  in  the  court  of  common  pleas  or  in  the  municipal 
court  in  any  county  in  which  such  liquor  may  have  been  received  or  in 
which  it  may  be  carried. 

SEC.  20.  PENALTY  FOR  BRINGING  LIQUOR  INTO  THE  STATE. — Every 
person  who  shall  bring  into  this  State,  or  who  shall  convey  from  .place  to 
place  within  the  same,  any  spirituous  or  intoxicating  liquor  with  intent  to 
sell  the  same  himself  or  to  have  the  same  sold  by  another,  or  having  reason- 
able cause  to  believe  that  the  same  is  intended  to  be  sold  by  any  other  per- 
son, in  violation  of  this  Act,  shall  be  punished  in  the  manner  provided  in 
the  15th  section  of  this  Act  for  any  person  selling  spirituous  or  intoxicating 
liquor  illegally,  on  conviction  for  the  first  and  each  succeeding  offense,  and 
shall  have  the  same  right  of  appeal. 

SEC.  21.  RIGHTS  OF  HUSBAND,  WIFE,  ETC.  —  If  the  husband,  wife, 
parent,  child,  guardian,  or  employer  of  any  person  who  has  the  habit  of  drink- 
ing spirituous  or  intoxicating  liquor  to  excess,  shall  give  notice  in  writing, 
signed  by  him  or  her,  to  any  person  not  to  deliver  any  spirituous  or  intoxicat- 
ing liquor  to  the  person  who  has  such  habit,  if  the  person  so  notified  shall 
deliver  any  spirituous  or  intoxicating  liquor  to  the  person  who  has  such 
habit  at  any  time  within  twelve  months  after  such  notice  given,  the  person 
giving  such  notice  may,  in  an  action  of  tort  brought  by  him  or  her,  recover 
of  the  person  so  notified  any  sum  not  less  than  twenty-one  nor  more  than 
five  hundred  dollars,  as  may  be  assessed  by  the  jury  as  damages ;  and  any 
married  woman  may  bring  such  action  in  her  own  name,  notwithstanding 
her  coverture,  and  all  damages  recovered  by  her  shall  go  to  her  separate 
use.  In  case  of  the  death  of  any  party  to  or  against  whom  an  action  is 
given  by  this  section,  it  shall  survive  to  or  against  his  or  her  executors  or 
administrators. 

SEC.  22.  AN  ACTION  MAY  BE  BROUGHT  AGAINST  AN  INTOXICATED 
PERSON,  OR  THE  PERSON  WHO  FURNISHED  HIM  THE  LIQUOR. — If  any 
person  in  a  state  of  intoxication  shall  commit  any  assault  and  battery,  or 
injure  any  property,  the  person  who  furnished  him  the  spirituous  liquor  or 
any  part  of  it  which  occasioned  his  intoxication,  if  the  same  was  furnished 
him  in  violation  of  this  Act,  shall  be  subject  to  the  same  action  on  behalf 
of  the  party  injured  which  the  party  injured  would  have  against  the  per- 
son intoxicated ;  and  the  party  injured,  or  his  legal  representatives,  may 
bring  either  a  joint  action  against  the  person  intoxicated  and  the  person 
who  furnished  the  liquor,  or  a  separate  action  against  either. 

SEC.  23.  AN  INTOXICATED  PERSON  MAY  DISCLOSE. — If  any  person 
shall  be  found  in  a  state  of  intoxication  in  any  highway,  street,  court- 
house, town-house,  or  other  public-place,  or  shall  be  found  in  a  state  of  in- 
toxication in  any  place,  committing  any  breach  of  the  peace,  or  disturbing 
others  by  noise,  any  sheriff,  deputy  sheriff,  constable,  watchman,  or  police 
officer  shall,  without  any  warrant,  take  such  person  into  custody,  and  de- 
tain him  in  some  proper  place  until,  in  the  opinion  of  such  officer,  he  shall 
be  so  far  recovered  from  his  intoxication  as  to  render  it  proper  to  carry  him 
before  a  court  of  justice ;  such  officer  shall  then  take  him  before  some  jus- 
tice of  the  peace  or  police  court  in  the  town  or  city  where  such  person  may 
have  been  found,  and  shall  then  make  a  complaint  before  such  justice  or 
court  against  such  person  for  the  crime  of  drunkenness  under  the  18th  sec- 
tion of  the  130th  chapter  of  the  Revised  Statutes;  and  if  such  person  so 
arrested  shall  then  disclose  fully  the  name  of  the  person  of  whom,  and  the 
time,  place,  and  manner  in  which  the  liquor  producing  his  intoxication  was 
procured,  and  all  the  circumstances  attending  it,  such  justice  or  court  shall 
358 


OF   MASSACHUSETTS. 


administer  to  him  the  oath  provided  for  witnesses,  and  shall  interrogate 
him  in  the  presence  of  the  officer  who  made  the  arrest  respecting  the  mat- 
ters aforesaid;  and  if  it  shall  thereupon  appear  to  the  said  officer  and 
magistrate  that  either  of  the  offenses  specified  in  the  15th  or  17th  sections 
of  this  Act  has  been  committed,  the  officer  who  made  the  arrest  shall,  in 
due  form,  file  his  complaint,  for  the  commission  of  either  of  said  offenses, 
before  the  said  justice  or  police  court,  against  the  person  or  persons  who, 
upon  such  disclosure  being  made,  shall  appear  to  the  officer  to  have  been 
guilty  thereof,  and  the  person  so  taken  intoxicated  shall  be  named  as  one 
of  the  witnesses  in  the  said  complaint,  and  a  subpoena  shall  issue  against 
him  as  such.  And  the  said  officer  shall  thereupon  discontinue  his  prosecu- 
tion for  drunkenness,  and  the  person  so  arrested  shall  be  discharged,  and 
shall  not  be  liable  to  be  prosecuted  again  for  the  same  offense. 

SEC.  24.  KEEPING  LIQUORS  WITH  INTENT  TO  SELL. — Any  person  who 
shall  own,  possess,  or  keep  any  spirituous  or  intoxicating  liquor  with  intent 
to  sell  the  same  in  this  Commonwealth,  contrary  to  the  provisions  of  this 
Act,  shall,  on  conviction  thereof  before  any  justice  of  the  peace  or  any  po- 
lice court  having  jurisdiction  to  try  criminal  offenses  in  the  place  where 
•  such  liquor  is  kept,  be  fined  ten  dollars  and  pay  the  costs  of  prosecution, 
and  shall  be  imprisoned  twenty  days  in  the  house  of  correction,  and  shall  be 
imprisoned  twenty  days  longer  if  said  fine  and  costs  are  not  paid.  And  a 
complaint  may  be  made  and  prosecuted  under  this  section  whether  any  liquor 
has  been  seized  as  being  owned  or  kept  by  the  person  complained  against  or  not. 

SEC.  25.  SEIZURE  OF  LIQUORS. — If  any  two  persons,  being  of  full  age, 
and  competent  to  testify,  shall,  before  any  justice  of  the  peace,  or  judge  of 
any  police  court  having  jurisdiction  to  try  criminal  causes,  make  complaint 
under  oath  or  affirmation  that  they  have  reason  to  believe,  and  do  believe, 
that  any  spirituous  or  intoxicating  liquor  described  in  the  complaint  is  kept 
or  deposited  in  any  store,  shop,  warehouse,  or  in  any  steamboat  or  other 
vessel,  or  in  any  vehicle  of  any  kind,  or  in  any  building  or  place  in  any 
city  or  town,  by  any  person  named  in  said  complaint,  and  intended  for  sale 
in  this  Commonwealth  by  such  person,  such  person  not  being  authorized  to 
sell  the  same,  or  manufacture  or  to  keep  the  same  for  sale  in  this  Common- 
wealth for  any  purpose  under  this  Act,  or  any  legal  authority  whatever, 
said  justice  or  court,  upon  its  appearing  that  there  is  probable  cause  to  be- 
lieve said  complaint  to  be  true,  shall  issue  a  warrant  of  search  to  any 
sheriff,  or  deputy  sheriff,  or  city  marshal,  or  chief  of  police,  or  deputy 
chief  of  police,  or  deputy  marshal,  or  constable,  commanding  such  officer  to 
search  the  premises  in  which  it  is  alleged  such  liquor  is  deposited,  and  to 
seize  such  liquor,  with  the  vessels  in  which  it  is  contained,  and  to  keep  the 
same  securely  until  final  action  be  had  thereon,  and  to  return  the  warrant, 
with  his  doings  thereon,  as  soon  as  may  be,  to  the  justice  or  court  that 
issued  the  warrant,  or- to  some  other  justice  or  police  court  having  jurisdic- 
tion in  criminal  cases  in  the  place  where  such  liquor  is  alleged  to  be  kept  or 
deposited ;  and  if  the  place  to  be  searched  be  a  dwelling-house,  used  and 
occupied  exclusively  as  such,  and  no  tavern,  store,  or  grocery,  eating-room, 
or  place  of  common  resort,  be  kept  therein,  such  warrant  shall  not  be  issued ; 
but  no  warrant  shall  issue  for  the  search  of  any  dwelling-house  unless  one 
of  said  complainants  shall  make  oath  or  affirmation  that  he  has  reason  to 
believe,  and  does  believe,  that  such  liquor  has  been  sold  therein  or  taken 
therefrom  for  the  purpose  of  being  sold  by  the  occupant  thereof,  or  by  his 
consent  or  permission,  contrary  to  law,  within  the  time  of  one  month  next 
before  making  such  complaint,  and  is  then  kept  therein  for  sale  by  the  per- 
flon  complained  against,  contrary  to  law,  and  shall,  in  his  oath  or  affirma- 

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PROHIBITORY  LAWS 


tion,  state  the  facts  and  circumstances  on  which  such  belief  is  founded, 
and  such  allegations  shall  be  recited  in  the  complaint  and  warrant.  And 
in  all  cases  the  complaint  shall  particularly  designate,  so  as  to  identify  the 
building,  structure,  and  place  to  be  searched,  the  liquors  to  be  seized,  the 
person  by  whom  they  are  owned,  kept,  or  possessed  and  intended  for  sale, 
and  it  shall  allege  the  intent  of  such  person  to  sell  the  same  in  this  Com- 
monwealth contrary  to  the  provisions  of  this  Act ;  and  the  warrant  to  be 
issued  on  said  complaint  shall  be  supported  by  the  oath  or  affirmation  of 
the  complainant ;  it  shall  allege  that  probable  cause  has  been  shown  for  the 
issuing  thereof;  and  the  place  to  be  searched,  the  liquors  to  be  seized,  and 
the  person  believed  to  be  the  owner,  possessor,  or  keeper  of  such  liquors,  and 
intending  to  sell  the  same  contrary  to  the  provisions  of  this  Act,  within  this 
Commonwealth,  shall  be  set  out  therein  by  special  designation,  and  with  the 
same  particularity  as  in  the  complaint,  and  the  offense,  both  in  the  complaint 
and  warrant,  shall  be  fully,  plainly,  and  substantially  described,  and  the 
complainants  shall  be  summoned  to  appear  as  witnesses  at  the  time  and 
place  which  shall  be  assigned  for  the  hearing  and  trial  upon  said  complaint. 
And  the  officer  to  whom  the  warrant  is  committed  shall  thereupon  proceed 
to  search  the  premises  described  in  the  warrant,  and  seize  the  liquor  de- 
scribed in  the  warrant,  with  the  casks  or  other  vessels  in  which  it  is  con- 
tained, if  they  are  foucd  in  or  upon  the  said  premises,  and  shall  convey 
the  same  to  some  proper  place  of  security,  where  he  shall  keep  the  liquor 
and  vessels  containing  it  until  final  action  be  had  thereon. 

SEC.  26.  NOTICE  TO  BE  ISSUED  AFTER  SEIZURE. — Whenever  any  liquor 
shall  have  been  seized  upon  any  such  warrant,  the  justice  or  court  before 
which  it  is  returned — if,  in  the  opinion  of  said  justice  or  court,  the  value 
of  the  liquor  seized,  with  the  vessels  containing  it,  shall  not  exceed  twenty 
dollars — shall,  within  forty-eight  hours  after  such  seizure,  issue  a  written 
notice,  to  be  signed  by  the  justice  or  the  clerk  of  said  court,  under  the  seal 
of  the  justice  or  court,  commanding  the  person  complained  against  as  the 
keeper  of  the  liquor  seized,  and  all  other  persona  claiming  any  interest 
therein,  or  in  the  casks  or  vessels  containing  the  same,  to  appear  before  said 
justice  or  court,  at  a  time  and  place  to  be  therein  named,  to  answer  to  said 
complaint  and  for  trial,  and  to  show  cause,  if  any  they  have,  why  such 
liquor,  with  the  vessels  containing  it,  should  not  be  forfeited.  Said  notice 
shall  contain  a  description  of  the  number  and  kind  of  vessels,  and  quantity 
and  kind  of  liquor  seized,  as  nearly  as  may  be,  and  when  and  where  they 
irere  so  seized,  and  shall  be  served  by  any  sheriff,  deputy  sheriff,  constable, 
or  police  officer  upon  the  person  charged  with  being  the  keeper  of  the  liquor 
seized,  either  by  leaving  an  attested  copy  of  the  same  with  him  personally, 
or  at  his  usual  place  of  abode  if  he  be  an  inhabitant  of  the  Commonwealth, 
and  also  be  served  by  posting  up  another  attested  copy  of  the  same  on  the 
building  in  which  the  liquor  was  seized,  if  it  was  found  in  any  building,  or 
else  in  some  public  place  in  the  town  or  city  where  the  liquors  were  seized, 
and  also  by  publishing  another  attested  Copy  of  the  same,  at  least  twice,  in 
some  newspaper  printed  in  the  county  where  such  seizure  is  made,  if  there 
be  any  such  newspaper ;  and  the  posting  up  of  said  notice,  and  the  serving 
the  same  on  the  party  complained  of  as  keeper,  and  the  first  publication  in 
said  newspaper  shall  be  not  less  than  fourteen  days  before  the  time  appoint- 
ed for  the  trial ;  and  if,  at  the  time  appointed  for  the  trial,  the  said  notice 
has  not  been  duly  served,  or  for  other  sufficient  cause,  the  trial  may  be 
postponed  till  some  other  day  and  place,  and  a  new  notice  issued  to  be  served 
anew,  so  as  to  supply  any  defect  in  the  service  of  the  previous  notice ;  and  time 
and  opportunity  for  trial  and  defense  shall  be  given  to  persons  interested. 
360 


OF  MASSACHUSETTS. 


SEC.  27.  DISPOSITION  OF  LIQUORS  SEIZED. — At  the  time  and  place  ap- 
pointed by  the  notice,  the  person  complained  against,  or  any  other  person 
or  persons  claiming  an  interest  in  the  said  liquor  and  vessels  seized,  or  any 
part  thereof,  may  appear  and  make  their  claims  respectively,  either  verbally 
or  in  writing,  and  the  justice  or  court  shall  keep  a  record  of  his  or  their 
appearance  and  claims,  and  he  or  they  shall  be  admitted  as  a  party  or 
parties  on  the  trial,  and  issues  may  be  joined ;  and  whether  any  person  shall 
enter  any  claim  or  not,  the  justice  or  court  shall  thereupon  proceed  to  try, 
hear,  and  determine  the  allegations  of  such  complaint,  and  whether  said 
liquor  and  vessels,  or  any  part  thereof,  be  forfeited ;  and  if.  upon  the  evi- 
dence presented  at  the  trial,  it  shall  appear  to  the  said  justice  or  court 
that  the  said  liquor  or  any  part  thereof  was,  when  the  complaint  was  made, 
owned  or  kept  by  the  person  alleged  in  the  complaint  for  the  purpose  of 
being  sold  in  violation  of  this  Act,  the  said  court  or  justice  shall  render 
judgment  that  such  and  so  much  of  the  liquor  so  seized  as  was  so  unlaw- 
fully kept,  and  the  vessels  in  which  it  is  contained,  are  forfeited  to  the  Com- 
monwealth ;  and  any  of  such  liquor  so  forfeited,  which,  in  the  opinion  of 
said  justice  or  court,  is  suitable  for  use  for  medicinal,  chemical,  or  mechan- 
ical purposes,  shall,  by  the  authority  of  the  written  order  of  said  justice 
or  court  to  that  effect,  be  delivered  to  any  agent  appointed  for  the  sale  of 
spirituous  liquors  of  the  city  or  town  in  which  said  liquors  were  seized,  to 
be  sold  by  him,  and  the  net  proceeds  paid  over  to  the  treasurer  of  the  Com- 
monwealth. And  if  there  be  no  such  agent  in  the  said  town  or  city,  such 
of  the  said  liquors  as  are  suitable  for  use  as  aforesaid  shall  be  delivered  to 
any  such  agent  in  the  Commonwealth  that  the  said  justice  or  court  may 
order,  to  be  by  such  agent  sold,  and  the  proceeds  paid  over  to  the  treasurer 
of  the  Commonwealth ;  and  any  officer  to  whom  such  order  is  directed  shall 
make  return  thereof  of  his  doings  in  the  premises,  and  any  of  such  liquors 
which,  in  the  opinion  of  said  justice  or  court,  are  not  suitable  for  use  aa 
aforesaid,  shall,  by  his  like  order,  be  destroyed  in  the  presence  of  said  jus- 
tice or  court,  or  in  the  presence  of  some  person  appointed  by  said  justice  or 
court  to  witness  the  destruction  thereof,  who  shall  join  with  the  officer  by 
whom  they  are  destroyed  in  attesting  the  fact  upon  the  back  of  the  order 
by  authority  of  which  it  was  done.  And  if  no  person  shall  appear  and  be 
admitted  as  a  party  as  aforesaid,  or  if  judgment  shall  be  rendered  in  favor 
of  all  the  claimants  who  appear,  then  the  cost  of  the  proceedings  shall  be 
paid  as  in  other  criminal  cases ;  but  if  only  one  party  appearing  shall  fail 
to  sustain  his  claim  as  aforesaid,  he  shall  pay  all  the  costs  of  the  proceed- 
ings, except  the  expense  of  seizing  and  keeping  the  liquor,  and  an  execu- 
tion shall  be  issued  against  him  therefor.  And  if  judgment  shall  be  ren- 
dered against  more  than  one  claimant  as  aforesaid  and  claiming  distinct 
interests  in  said  liquor,  then  the  costs  of  said  proceedings  and  trial  shall  be 
equitably,  according  to  the  discretion  of  the  justice  or  court,  apportioned 
among  such  parties,  and  executions  shall  be  issued  against  them  severally 
for  the  costs  adjudged  against  them ;  and  if  any  such  execution  shall  not 
be  forthwith  paid,  the  defendant  therein  named  shall  be  committed  to  the 
common  jail,  and  shall  not  be  discharged  therefrom  until  he  shall  have  paid 
such  execution  and  the  costs  of  commitment,  or  until  he  shall  have  been 
imprisoned  thirty  days. 

SEC.  28.  LIQUORS  TO  BE  RETURNED  FOR  WANT  OF  PROOF. — If,  upon 
the  trial,  it  shall  appear  to  the  said  justice  or  court,  either  in  regard  to  all 
the  liquor  seized,  or  in  regard  to  some  part  thereof,  that  it  has  not  been 
proved  that  any  of  the  same  was  kept  or  deposited  for  sale  contrary  to  law, 
the  said  justice  or  court  shall  issue  a  written  order  to  the  officer  having  the 

16  361 


PROHIBITORY   LAWS 


same  in  custody  to  return  such  and  so  much  of  the  said  liquor  as  has  not 
been  proved  to  be  kept  or  deposited  for  sale  contrary  to  law,  with  the  vessels 
in  which  it  is  contained,  to  the  place  from  whence  it  was  taken,  as  nearly 
as  may  be,  or  to  deliver  the  same  to  the  person  entitled  to  receive  it ;  which 
order  the  said  officer,  after  executing  the  commands  thereof,  shall  return  to 
the  said  justice  or  court  with  his  doings  indorsed  thereon. 

SEC.  29.  RIGHT  OF  APPEAL  IN  SEIZURE  CASKS. — Any  person  claiming 
any  spirituous  liquors,  whose  claims  shall  not  be  allowed  under  the  pro- 
visions of  the  27th  section  of  this  Act,  or  any  person  complained  against, 
shall  have  the  same  right  of  appeal,  and  to  the  same  court,  as  if  he  had 
been  convicted  of  a  crime ;  but,  before  his  appeal  shall  be  allowed,  he  shall 
recognize  to  the  Commonwealth  in  the  sum  of  two  hundred  dollars,  with  a 
good  and  sufficient  surety  or  sureties,  to  prosecute  his  appeal  at  the  court 
appealed  to,  and  to  abide  the  sentence  of  the  court  thereon ;  and  in  case  of 
such  appeal,  any  question  of  fact  shall  be  tried  by  a  jury ;  and  on  the  judg- 
ment of  the  court  after  verdict,  whether  of  forfeiture  or  otherwise  of  the 
whole  or  any  part  of  the  liquor  and  vessels  seized,  the  same  proceedings 
shall  be  had  thereupon  as  are  directed  in  the  27th  and  28th  sections  of  the 
same. 

SEC.  30.  TRIAL  BY  JURY  IN  SEIZURE  CASES.  —  If,  in  the  opinion  of 
the  justice  or  court  before  which  any  warrant  is  returnable,  under  which 
any  liquor  has  been  seized,  the  value  of  the  liquor  so  seized,  together  with 
the  vessels  containing  it,  exceeds  twenty  dollars,  he  shall  issue  a  notice  in 
the  same  manner  and  form  as  directed  in  the  26th  section  of  this  Act, 
except  that,  instead  of  making  the  same  returnable  before  said  justice  or 
court,  he  shall  make  the  same  returnable  to  the  term  of  the  court  of  com- 
mon pleas,  in  the  same  county,  having  jurisdiction  of  criminal  cases,  or  of 
the  municipal  court  to  be  held  in  any  such  county  next  after  the  expiration 
of  fourteen  days  from  the  time  of  issuing  said  notice,  which  notice  shall  be 
served  in  the  manner  directed  in  said  26th  section  ;  and  the  court  of  com- 
mon pleas  before  which  such  notice  is  made  returnable  shall  have  jurisdic- 
tion of  the  case,  and  may  issue  new  notices  in  the  manner  directed  in  said 
section  if  necessary,  and  shall  proceed  to  try  the  case  in  the  manner  directed 
in  said  26th  section  as  nearly  as  may  be,  and  with  a  jury,  upon  any  issue 
or  issues  of  fact  presented  by  the  claimant  or  claimants,  or  which  may  be 
directed  by  the  court ;  and  said  court,  after  the  trial,  shall  proceed  in  the 
manner  directed  in  the  27th  and  28th  sections  of  this  Act  as  nearly  as 
may  be. 

SEC.  31.  LIQUOR  ON  MUSTER  FIELDS  MAY  BE  SEIZED. — It  shall  be  the 
duty  of  any  mayor,  alderman,  selectman,  city  marshal,  or  deputy  marshal, 
sheriff,  deputy  sheriff,  police  officer,  or  constable,  if  he  shall  have  informa- 
tion that  any  intoxicating  liquors  are  kept  or  sold  in  any  tent,  shanty,  hut, 
booth,  stall,  or  similar  place  for  selling  refreshments  in  any  public  place  on 
or  near  the  grounds  of  any  cattle  show,  agricultural  exhibition,  military 
muster,  or  any  public  occasion  of  any  kind,  to  seize  such  liquor  and  the  ves- 
sels in  which  it  is  contained,  and  arrest  the  keeper  or  keepei's  of  such  place, 
and  take  them  forthwith,  or  as  soon  as  may  be,  before  some  justice  of  the 
peace,  or  police  court,  with  the  liquor  and  vessels  so  found  and  seized,  and  to 
make  complaint  for  the  arrest  and  trial  of  such  person  or  persons,  and  for 
the  seizure  and  confiscation  of  such  liquors,  according  to  the  provisions  of 
this  Act. 

SEC.  32.  PARTIES  MAY  APPEAL  FROM  THE  POLICE  COURT.— Every  per- 
son convicted  under  the  last  section,  or  of  any  offense  under  this  Act,  by  any 
police  court,  or  justice  of  the  peace,  may  appeal  from  the  sentence  to  the 
362 


OF  MASSACHUSETTS. 


court  of  common  pleas,  or  to  the  municipal  court,  then  next  to  be  holden  in 
the  same  county ;  and  such  appellant  shall  be  committed  to  abide  the  sen- 
tence of  the  said  justice  or  court  until  he  shall  recognize  to  the  Comrnomvealth 
in  the  sum  of  not  less  than  one  hundred  dollars,  with  two  good  and  sufficient 
sureties,  with  condition  to  appear  at  the  court  appealed  to,  and  there  to 
prosecute  his  appeal,  and  to  abide  the  sentence  of  the  court  thereon,  and  in 
the  mean  time  to  keep  the  peace  and  be  of  good  behavior. 

SEC.  33.  CONVICTED  PARTIES  MUST  RECOGNIZE. — Every  person  convicted 
of  any  offense  under  this  Act  shall,  in  addition  to  the  punishment  herein 
prescribed,  be  required  by  the  court  or  magistrate  before  whom  he  is  con- 
victed, to  recognize  to  the  Commonwealth  in  a  sum  not  less  than  one  thou- 
sand, nor  more  than  two  thousand  dollars,  that  he  will  not,  within  one  year 
from  the  time  of  said  conviction,  violate  any  provision  of  this  Act,  or  any 
law  of  this  Commonwealth  relating  to  the  manufacture  and  sale  of  intoxi- 
cating liquor,  and  shall  stand  committed  until  he  enter  into  such  recog- 
nizance. 

SEC.  34.  DELIVERY  or  LIQUORS  EVIDENCE  OF  A  SALE. — In  all  cases  un- 
der this  Act,  delivery  of  intoxicating  liquor  in  or  from  any  building  or  place, 
other  than  a  private  dwelling-house  or  its  dependencies,  or  in  such  dwelling- 
house  or  dependencies  if  any  part  of  the  same  be  a  tavern,  public  eating- 
house,  grocery,  or  other  place  of  common  resort,  shall  be  deemed  prima  facie 
evidence  of  a  sale,  and  be  punishable  as  such  sale  ;  and  a  delivery  in  or  from 
a  private  dwelling-house,  with  payment,  or  promise  of  payment,  either  ex- 
press or  implied,  on,  before,  or  after  such  delivery,  shall  be  deemed  prima 
facie  evidence  of  a  sale  within  the  meaning  of  this  Act,  and  shall  be  pun- 
ishable in  like  manner. 

SEC.  35.  LIQUOR  CASES  SHALL  TAKE  PRECEDENCE  IN  COURT,  ETC. — 
All  cases  arising  under  this  Act,  whether  by  action,  indictment,  or  com- 
plaint, which  shall  come  before  any  court,  either  by  appeal,  or  original  en- 
try, shall  take  precedence  in  said  court,  of  all  other  business,  except  those 
criminal  cases  in  which  the  parties  are  actually  imprisoned  awaiting  a  trial ; 
and  the  prosecuting  officer  shall  not  have  authority  to  enter  a  nolle  prosequi, 
or  to  grant  a  continuance  in  any  case  arising  under  this  Act,  either  before 
or  after  the  verdict,  except  where  the  purposes  of  justice  may  require  it, 
which  shall  be  shown  either  upon  a  written  motion  filed  in  the  case  on  be- 
half of  the  defendant,  or  a  written  statement  filed  by  the  prosecuting  officer, 
stating  the  reason  for  a  continuance ;  and  a  nolle  prosequi  shall  not  be  en- 
tered by  the  prosecuting  officer,  excepting  with  the  concurrence  of  the  court. 
And  in  all  cases  arising  under  this  Act  before  a  justice  of  the  peace  or  police 
court,  no  admission  of  the  defendant  made  in  court  shall  be  received  on  the 
trial  without. the  consent  of  the  prosecutor,  except  a  plea  of  guilty. 

SEC.  36.  DUTIES  OF  DISTRICT  ATTORNEYS,  ETC. — The  district  attorneys, 
and  the  attorney  of  the  Commonwealth  for  the  county  of  Suffolk,  are  hereby 
directed  to  commence  suits  upon  all  recognizances  given  under  this  Act, 
within  their  respective  districts,  within  sixty  days  after  default  shall  have 
been  entered  of  record,  or  they  shall  have  satisfactory  evidence  of  any  act 
which  should  cause  a  forfeiture  thereof  respectively ;  and  no  suit  on  any  rec- 
ognizance shall  be  continued,  unless  for  good  cause  satisfactory  to  the  court. 
But  nothing  herein  contained  shall  prevent  the  commencement  of  such  suit 
after  the  expiration  of  said  sixty  days. 

SEC.  37.  LIQUORS  AND  IMPLEMENTS  FOR  SELLING,  COMMON  NUISANCES. 
No  ACTION  SHALL  BE  MAINTAINED  IN  COURT  FOR  PRICE  OF  LIQUOR  IL- 
LEGALLY SOLD. — All  intoxicating  liquors  kept  for  sale,  and  the  implements 
and  vessels  actually  used  in  selling  and  keeping  the  same,  contrary  to  the 

363 


PROHIBITORY  LAWS 


provisions  of  this  Act,  are  hereby  declared  to  be  common  nuisances,  and  are 
to  be  regarded  and  treated  as  such ;  all  payments  or  compensations  for  spirit- 
uous or  intoxicating  liquors  sold  in  violation  of  law,  whether  in  money,  labor, 
or  personal  property,  shall  be  held  and  considered  to  have  been  received 
without  consideration,  and  against  law,  equity,  and  good  conscience  ;  and, 
in  any  action,  either  at  law  or  equity,  touching  such  money,  labor,  or  per- 
sonal estate,  the  purchaser,  and  also  the  seller  of  such  liquors,  may  be  wit- 
nesses for  either  party.  And  no  action  of  any  kind  shall  be  had  or  main- 
tained, in  any  court  in  the  Commonwealth,  for  the  price  of  any  liquor  sold  in 
any  other  State  for  the  purpose  of  being  brought  into  this  Commonwealth  to 
be  here  kept  or  sold  in  violation  of  law,  under  such  circumstances  that  the 
vender  would  have  reasonable  cause  to  believe  that  the  purchaser  entertained 
such  illegal  purpose ;  and  all  bills  of  exchange,  promissory  notes,  and  other 
securities  for  and  evidences  of  debt  whatsoever,  given  in  whole  or  in  part  for 
the  price  of  liquor  sold  in  violation  of  this  Act,  shall  be  void  against  all  per- 
sons holding  the  same,  with  notice  of  such  illegal  consideration  either  direct 
or  implied  by  law. 

SEC.  38.  RIGHTS  AND  DUTIES  OF  SHERIFFS  AND  OTHER  OFFICERS. — No 
action  shall  be  had  or  maintained  against  any  sheriff,  deputy  sheriff,  chief 
of  police,  or  deputy  chief  of  police,  or  constable,  or  their  assistants,  for  ex- 
ecuting any  warrant  or  order  issued  under  this  Act,  by  any  justice  or  court 
competent  to  try  the  same ;  nor  shall  any  action  be  had  or  maintained  against 
any  officer  for  seizing,  detaining,  or  destroying  any  intoxicating  liquor,  or  the 
vessels  containing  it,  unless  such  liquor  and  vessels  were  legally  kept  by  the 
owner  thereof,  And  if  any  sheriff,  chief  of  police,  or  deputy  chief  of  police, 
marshal,  constable,  or  other  officer,  to  whom  any  warrant,  process,  or  pre- 
cept, provided  for  in  this  Act,  may  be  directed,  shall  neglect  or  refuse  to 
serve  and  execute  the  same,  he  shall  be  fined  not  less  than  three  hundred 
dollars,  and  not  exceeding  one  thousand  dollars,  and  it  shall  be  a  sufficient 
cause  for  removal  or  dismissal  from  office ;  and  for  any  loss  or  damage  arising 
to  him,  without  fault  or  negligence  on  his  part,  in  consequence  of  obedience 
to  any  precept,  process,  or  warrant  aforesaid,  duly  served,  indemnity,  if 
claimed,  shall  be  claimed  of  the  Commonwealth,  after  the  loss  or  damage 
sustained,  and  in  no  other  manner. 

SEC.  39.  REPEAL  OF  THE  LAW  OF  1852.— The  Act  entitled  "  An  Act 
Concerning  the  Manufacture  and  Sale  of  Spirituous  or  Intoxicating  Liquors," 
passed  in  the  year  eighteen  hundred  and  fifty-two,  and  all  other  Acts  and 
parts  of  Acts  inconsistent  with  the  provisions  of  this  Act,  are  hereby  repeal- 
ed. But  this  repeal  shall  not  affect  any  action  or  prosecution  which  has  been 
already  commenced,  or  which  may  be  hereafter  commenced,  or  any  rights 
acquired,  or  liabilities  incurred,  by  virtue  of  any  existing  law,  on  account 
of  any  thing  done  before  this  repeal  takes  effect.  The  provivsions  of  the 
fourth  section  of  the  one  hundred  and  thirty -ninth  chapter  of  the  Revised 
Statutes  shall  not  be  deemed  to  apply  to  cases  arising  under  this  Act. 

HOUSE  OF  REPRESENTATIVES,  April  14,  1855, 
Passed  to  be  enacted.  DANIEL  C.  EDDY,  Speaker. 

IN  SENATE,  April  17,  1855. 

Passed  to  be  enacted.  HENRY  W.  BENCHLEY,  President 

April  20, 1855.    Approved.  HENRY  J.  GARDNER. 

SECRETARY'S  OFFICE,      ) 
Boston,  April  30,  1855.  [ 
A  true  copy.    Attest : 

E.  M.  WRIGHT,  Secretary  of  the  Commonwealth. 
364 


OF  MASSACHUSETTS. 


AN   ACT  TO  INDEMNIFY  OFFICERS  FOR    HAVING    SEIZED  AND 
DESTROYED  INTOXICATING  LIQUORS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows: 

SEC.  1.  INDEMNIFICATION  FOR  DAMAGES. — Whenever  a  judgment  for 
-damages  has  been  or  may  be  recovered  against  any  justice  of  the  peace,  jus- 
tice of  any  police  court,  sheriff,  deputy  sheriff,  constable,  or  other  magistrate 
or  officer,  in  any  action  brought  against  him  on  account  of  any  thing  here- 
tofore done  by  him  in  good  faith  in  his  official  capacity  under  and  by  virtue 
of  the  Act  entitled  "  An  Act  Concerning  the  Manufacture  and  Sale  of  Spir- 
ituous and  Intoxicating  Liquors,"  passed  in  the  year  eighteen  hundred  and 
fifty-two,  he  shall  receive  the  amount  of  damages  and  costs  so  recovered 
against  him  of  the  treasurer  of  the  Commonwealth ;  provided  the  judge  or 
justice  before  whom  the  case  may  be  tried  shall  certify,  under  his  hand, 
that  the  said  judgment  was  recovered  against  such  magistrate  or  officer  on 
account  of  some  act  done  by  him  in  good  faith  in  his  official  capacity  under 
the  statute  aforesaid. 

SEC.  2.  INDEMNIFICATION  FOR  EXPENSES.— And  the  treasurer  of  the 
Commonwealth  shall  also  pay  to  any  such  magistrate  or  officer,  against 
whom  judgment  may  be  recovered  as  aforesaid,  such  further  sum  as  the 
judge  or  justice  who  may  try  the  case  shall,  in  his  said  certificate,  certify 
has  been  fairly  and  reasonably  expended,  by  said  magistrate  or  officer,  in 
carrying  on  the  defense  of  any  such  suit. 

SEC.  3.  INDEMNIFICATION  FOR  PRECEDING  LIABILITIES. — Whenever  any 
such  magistrate  or  officer,  who,  having  rendered  himself  liable  in  his  official 
capacity  as  aforesaid,  or  any  person  acting  in  their  behalf,  or  in  behalf  of 
either  of  them,  shall  have  settled  and  paid  the  same  previous  to  the  passage 
of  this  Act,  such  magistrate  or  officer,  or  other  person,  as  aforesaid,  may 
petition  the  court  of  common  pleas  within  and  for  the  county  in  which  he 
may  reside  for  an  allowance  of  the  amount  so  paid;  and  if  it  shall  be  made 
to  appear  to  the  satisfaction  of  said  court  that  it  was  a  proper  case  to  be 
settled,  then  the  justice  of  said  court  shall  certify  to  the  treasurer  of  the 
Commonwealth  such  amount  as  he  shall  deem  just  and  proper  for  such  mag- 
istrate or  officer,  or  other  person,  as  aforesaid,  to  receive ;  and  the  treasurer 
of  the  Commonwealth,  on  receiving  said  certificate,  shall  pay  the  amount 
therein  allowed  to  the  magistrate  or  officer,  or  other  person,  as  aforesaid,  in 
whose  favor  the  same  is  made. 


AN  ACT  FOR  THE  SUPPRESSION  OF  CERTAIN  COMMON 

NUISANCES. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows  : 

SEC.   1.  DEFINITION   OF  NUISANCES. — All  buildings,  places,  or  tene- 
ments used  as  houses  of  ill  fame,  resorted  to  for  prostitution,  lewdness,  or 

365 


PROHIBITORY  LAWS 


illegal  gaming,  or  used  for  the  illegal  sale  or  keeping  of  intoxicating  liquors, 
are  hereby  declared  to  be  common  nuisances,  and  are  to  be  regarded  and 
treated  as  such. 

SEC.  2.  FINE  FOR  COMMON  NUISANCE. — Any  person  keeping  or  main- 
taining any  such  common  nuisance  shall  be  punished  by  fine  not  exceeding 
one  thousand  dollars,  Or  by  imprisonment  in  the  county  jail  not  more  than 
one  year. 

SEC.  3.  LEASE  AND  TITLES  NULLIFIED. — If  any  person,  being  a  tenant 
or  occupant  under  any  lawful  title  of  any  building  or  tenement  not  owned 
by  him,  shall  use  said  premises,  or  any  part  thereof,  for  any  of  the  purposes 
enumerated  in  the  1st  section  of  this  Act,  such  use  shall  annul  and  make 
void  the  lease  or  other  title  under  which  said  occupant  holds,  and,  without 
any  act  of  the  owner,  shall  cause  to  revert  and  vest  in  him  the  right  of  pos- 
session thereof;  and  said  owner  may  make  immediate  entry,  without  pro- 
cess of  law,  upon  the  premises,  or  he  may  avail  himself  of  the  remedy 
provided  in  the  104th  chapter  of  the  Revised  Statutes ;  and  the  provisions 
of  said  chapter  shall  be  deemed  to  extend  to  all  such  cases ;  and  any  per- 
son appealing  from  any  judgment  rendered  upon  said  complaint  shall  be 
required  to  enter  into  the  same  recognizance  now  provided  by  the  142d  chap- 
ter of  the  law  of  eighteen  hundred  and  forty-eight. 

SEC.  4.  RESPONSIBILITY  OF  LANDLORDS.— If  any  person  shall  knowingly 
let  any  building  or  tenement  owned  by  him,  or  under  his  control,  for  any 
of  the  purposes  in  the  1st  section  of  this  Act  enumerated,  or  shall  knowing- 
ly permit  any  such  building  or  tenement,  or  part  thereof,  to  be  so  used 
while  under  his  control,  or  shall,  after  due  notice  of  any  such  use  of  said 
building  or  tenement,  omit  to  take  all  reasonable  measures  to  eject  the  said 
person  from  said  premises  as  soon  as  the  same  may  lawfully  be  done,  he 
shall  be  deemed  and  taken  to  be  guilty  of  aiding  in  the  maintenance  of  such 
nuisance,  and  be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  six  months. 


AN  ACT  TO  PROHIBIT  THE  USE  OF  POISONOUS  SUBSTANCES 
IN  THE  MANUFACTURE  OF  SPIRITUOUS  AND  INTOXICATING 
LIQUORS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in   General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows : 

SEC.  1.  ADULTERATION  OF  LIQUORS. — If  any  person  shall  adulter- 
ate, for  the  purpose  of  sale,  any  beer,  or  other  malt  liquor,  or  any  wine,  or 
any  distilled  liquor,  or  any  spirituous  or  intoxicating  liquor  intended  for 
drinking  with  coculus  indicus,  vitriol,  grains  of  paradise,  opium,  alum,  cap- 
sicum, copperas,  laurel  water,  logwood,  Brazil  wood,  cochineal,  sugar  of 
lead,  or  any  other  substance  which  is  poisonous  or  injurious  to  health,  or 
if  any  person  shall  sell  any  such  liquor  intended  for  drinking  adulterated, 
366 


OF  MASSACHUSETTS. 


as  aforesaid,  with  any  substance  above  named,  or  any  other  substance 
which  is  poisonous  or  injurious  to  health,  knowing  the  same  to  be  so  adul- 
terated, he  shall  be  punished  by  imprisonment  in  the  State  prison  not  more 
than  three  years. 


AN    ACT    CONCERNING    THE    PURCHASE    OF    SPIRITUOUS    AND 
INTOXICATING  LIQUORS  FOR  TOWN  AGENTS. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives,  in   General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows. 

SEC.  1.  PURCHASING  COMMISSION.  —  The  governor,  by  and  with  the 
consent  of  the  council,  shall,  within  thirty  days  from  the  passage  of  this 
Act,  appoint  and  commission  a  competent  person  to  purchase  and  sell  spir- 
ituous and  intoxicating  liquors  of  a  pure  quality  to  the  several  agents  ap- 
pointed or  to  be  appointed  under  the  provisions  of  an  Act  passed  on  the  20th 
day  of  April,  in  the  year  one  thousand  eight  hundred  and  fifty-five, 
entitled,  "  An  Act  concerning  the  Manufacture  and  Sale  of  Spirituous  and 
Intoxicating  Liquors." 

SEC.  2.  COMMISSIONER'S  OFFICE  IN  BOSTON. — Such  person  so  appointed 
and  commissioned  shall  establish  and  maintain  in  the  city  of  Boston  a  suitable 
office  or  place  of  business,  and  shall  purchase  and  sell  to  such  city  and  town 
agents,  and  to  them  only  for  the  purposes  in  said  Act  specified,  and  in  such 
quantities  as  they  may  require,  spirituous  and  intoxicating  liquors,  which 
shall  be  of  a  pure  quality  and  unadulterated  with  any  mixture  or  noxious  or 
poisonous  substance  whatever.  All  said  sales  shall  be  made  for  cash,  and 
at  a  price  not  exceeding  an  advance  of  five  per  centxim  upon  the  actual 
cost. 

SEC.  3.  RECORD  OF  COMMISSIONER.— Such  person  so  appointed  and  com- 
missioned shall  keep  a  record,  in  which  shall  be  plainly  and  truly  recorded 
all  purchases  and  sales  made  by  him  under  this  Act,  the  prices  at  which  the 
same  were  made,  and  the  names  of  the  persons  of  and  to  whom  made ;  and 
the  said  record  shall  be  at  all  times  open  to  the  inspection  of  the  mayor  and 
aldermen  of  the  several  cities,  the  selectmen  of  the  several  towns,  and  to 
the  prosecuting  officers  of  the  Commonwealth ;  and  all  packages  of  liquors 
sold  by  him  shall  have  his  seal  affixed  thereto  before  delivery  thereof;  and 
the  transportation  of  all  liquors  so  purchased  and  so  sold  and  sealed  as 
aforesaid  shall  be  allowed  by  law. 

SEC.  4.  BOND  OF  COMMISSIONER. — Such  persons,  within  ten  days  after 
being  so  appointed  and  commissioned,  shall  file  in  the  office  of  the  treasurer 
of  the  Commonwealth  a  bond  to  the  Commonwealth  in  the  penal  sum  of 
twenty  thousand  dollars,  with  two  or  more  good  and  sufficient  sureties,  to 
be  approved  by  the  treasurer,  for  the  faithful  performance  by  him  of  the 
requisitions  of  this  Act. 

SKC.  5.  AGENTS  TO  PURCHASE  OF  COMMISSIONER. — All  city  and  town 
agents  appointed,  or  to  be  hereafter  appointed,  under  the  provisions  of  the 
aforesaid  Act,  concerning  the  manufacture  and  sale  of  spirituous  and  intoxi- 

367 


PROHIBITORY  LAWS  OF  MASSACHUSETTS. 

eating  liquors,  shall  purchase  all  liquors  to  be  sold  by  them  of  the  person 
appointed  and  commissioned  as  herein  provided,  or  of  authorized  manufac- 
turers, and  in  no  other  manner. 

SEC.  6.  COMPENSATION. — Nothing  herein  contained  shall  be  construed 
to  authorize  or  empower  such  person  so  appointed  and  commissioned  to 
claim  or  receive  of  the  Commonwealth  any  compensation  for  his  outlay, 
services,  or  expenses  in  said  business,  or  to  contract  any  debt  or  obligation, 
or  incur  any  liability  on  the  faith  or  in  behalf  of  the  Commonwealth. 

SEC.  7.  PENALTY  FOR  ADULTERATION. — In  case  the  person  so  appoint- 
ed and  commissioned  shall  adulterate  or  cause  to  be  adulterated  the  said 
liquors  or  any  part  thereof,  or  shall,  under  the  provisions  of  this  Act,  sell  to 
persons  other  than  a  city  or  town  agent,  or  at  an  advance  greater  than  five 
per  centum  upon  the  cost  as  aforesaid,  he  shall,  upon  conviction  for  such 
offense,  forfeit  to  the  Commonwealth  the  amount  of  his  aforesaid  bond,  and 
be  imprisoned  in  the  State  prison  not  less  than  six  months  nor  more  than 
five  years. 

SEC.  8.  WHEN  TO  TAKE  EFFECT. — This  Act  shall  take  effect  from  and 
after  its  passage. 
368 


THE 

PROHIBITORY   LIQUOR   LAW 


OF 

MICHIGAN. 


AN  ACT  TO  PREVENT  THE  MANUFACTURE  AND  SALE  OF  SPIRIT- 
UOUS OR  INTOXICATING  LIQUORS  AS  A  BEVERAGE. 

SEC.  1.  MANUFACTURE  AND  SALE. — The  people  of  the  State  of 
Michigan  enact,  That  no  person  shall  be  allowed  to  manufacture  or  sell  at 
any  time,  by  himself,  his  clerks,  servants,  or  agent,  directly  or  indirectly, 
any  spirituous  or  intoxicating  liquors,  or  any  mixed  liquors,  a  part  of  which 
is  spirituous  or  intoxicating,  except  as  hereinafter  specified. 

SEC.  2.  CONTRACTS  FOR  LIQUOR  RENDERED  NULL  AND  VOID. — All  pay- 
ments for  such  liquors  hereafter  sold  in  violation  of  law,  shall  be  considered 
as  having  been  received  without  consideration,  and  against  law  and  equity, 
and  any  money  or  thing  paid  therefor  may  be  recovered  back  by  the  person 
so  paying  the  same,  his  wife,  or  any  of  his  children ;  and  all  sales,  transfers, 
grants,  releases,  quit  claims,  surrenders,  mortgages,  pledges,  and  attach- 
ments of  real  or  personal  estate,  and  liens  and  securities  thereon,  of  what- 
ever name  or  nature,  and  all  contracts  or  agreements  relating  thereto,  here- 
after made  the  consideration  whereof,  either  in  whole  or  in  part,  shall  have 
been  the  sale,  or  agreement  to  sell,  any  such  liquor,  shall  be  utterly  null 
and  void,  against  all  persons,  and  in  all  cases,  excepting  only  as  against  the 
holders  of  negotiable  securities  or  the  purchasers  of  property,  who  may  have 
paid  therefor  a  fair  price,  and  received  the  same  upon  a  valuable  and  fair 
consideration  ;  nor  shall  any  suit  at  law,  or  in  equity,  be  had  or  maintained 
upon  any  contract  or  agreement  whatever,  hereafter  made,  the  consideration 
whereof  shall  be  either  wholly  or  in  part,  the  sale  of  such  liquors  in  viola- 
tion of  law,  excepting  only  when  such  suit  is  brought  by  such  bona  fide 
holders  of  negotiable  paper,  or  purchaser  of  property  without  notice.  Nor 
shall  any  demand  arising  upon  any  such  contract  or  agreement  whatever, 
be  offered  or  allowed  as  a  set-off  or  defense  in  any  action  whatever. 

SEC.  3.  PENALTY  FOR  SELLING,  ETC. — If  any  person  by  himself,  his 
clerk,  agent,  or  servant,  shall,  directly  or  indirectly,  sell,  or  keep  for  sale 
contrary  to  law,  any  such  liquor,  he  shall  forfeit  and  pay  on  the  first  con- 
viction ten  dollars  and  the  costs  of  suit  or  prosecution,  and  shall  be  at  once 
committed  to  the  common  jail  of  the  county  until  the  same  be  paid.  On  the 
second  conviction  for  the  like  offense,  he  shall  forfeit  and  pay  twenty  dollars 
and  the  cost  of  suit  or  prosecution,  and  shall  be  committed  as  aforesaid  until 
the  same  be  paid ;  on  the  third  and  every  subsequent  conviction  he  shall  for- 
feit and  pay  one  hundred  dollars  and  costs,  and  shall,  in  addition  to  such 

16*  369 


PROHIBITORY  LAW 


forfeiture,  be  imprisoned  in  such  jail  not  less  than  three  nor  more  than  six 
months  ;  provided,  that  on  the  first  and  second  conviction,  such  person  shall 
not  be  held  committed  for  more  than  two  months  from  the  date  of  the  con- 
viction ;  provided,  that  it  shall  in  no  case  be  any  defense  that  the  person 
has  been  before  convicted  one  or  more  times,  but  he  may  be  prosecuted  at 
any  time,  or  any  number  of  times,  as  for  a  first  oft'ense,  if  the  several  prose- 
cutions are  for  distinct  oifenses. 

SEC.  4.  IMPRISONMENT  OF  COMMON  SELLERS. — Every  person  who  shall 
be  a  common  seller,  by  himself,  his  clerk,  agent,  or  servant,  of  any  such 
liquors,  and  every  person  who  shall  be  a  manufacturer  thereof,  shall,  on  each 
conviction,  forfeit  and  pay  double  the  amount  specified  in  the  last  preceding 
section,  with  the  costs  of  suit  or  prosecution ;  and  on  the  two  first  convictions, 
he  shall  be  committed  to  such  common  jail  until  the  same  be  paid,  and  on 
the  third  or  any  subsequent  conviction,  he  shall,  in  addition  to  the  forfeiture, 
be  imprisoned  in  such  jail  for  six  months;  provided,  that  a  person  convicted 
under  this  section  shall  not,  on  either  a  first  or  second  conviction,  be  held 
committed  for  more  than  three  months  from  the  date  of  the  conviction. 

SEC.  5.  EXECUTION  AGAINST  PROPERTY. — Notwithstanding  such  com- 
mitment, or  such  imprisonment  provided  for  in  the  two  last  preceding,  sec- 
tions, the  sum  so  adjudged  against  the  person  convicted,  and  such  costs,  shall 
be  and  remain  a  valid  judgment,  upon  which  execution  may  issue  against 
his  property. 

SEC.  6.  LIQUORS  FOR  SALE  A  PUBLIC  NUISANCE. — No  person  shall  be 
deemed  to  have  or  acquire  any  legal  property  or  ownership  in  any  such 
liquor  intended  to  be  sold  in  violation  of  law,  or  in  any  casks  or  vessels  con- 
taining them ;  but  the  same  shall  be  deemed  a  public  nuisance,  and  the  per- 
son keeping  the  same  may  be  proceeded  against  as  in  other  cases  of  nuisance. 
And  in  addition  to  his  liability  as  for  a  nuisance,  such  person  shall  be  held 
liable  to  forfeit  and  pay  the  sum  of  twenty-five  dollars,  with  costs  of  pros- 
cution,  for  every  such  offense ;  and  such  liquors  so  kept  for  sale,  and  any 
casks  or  vessels  containing  the  same,  shall  be  forfeited.  The  forfeiture  under 
this  section  shall  be  recovered  in  the  same  manner  as  those  under  sections  3 
and  4  of  this  Act,  and  the  forfeiture  of  such  liquors,  with  the  casks  and  ves- 
sels, shall  be  part  of  the  judgment  of  the  court;  provided,  that  the  same 
shall  have  been  seized  upon  a  warrant  for  that  purpose;  provided,  that  no 
person  shall  be  punished  as  for  a  nuisance,  and  also  proceeded  against  for 
such  forfeiture,  for  the  same  offense. 

SEC.  7.  SEARCH  WARRANT. — When  complaint  shall  be  made  upon  oath 
to  any  magistrate  authorized  to  issue  warrants  in  civil  or  criminal  cases, 
that  said  complainant  does  verily  believe  that  any  person  has  in  his  posses- 
sion, or  under  his  control,  with  intent  to  sell  the  same  contrary  to  law,  in 
any  particular  house  or  place,  any  spirituous  or  intoxicating  liquors,  or  any 
mixed  liquors,  a  part  of  which  is  spirituous  or  intoxicating,  such  magistrate 
shall,  if  he  find  probable  cause  to  believe  such  complaint  to  be  true,  issue  a 
warrant  to  search  for  such  liquors  ;  but  every  such  complaint  shall  state  the 
facts  and  circumstances  fully,  upon  which  such  belief  is  founded,  that  the 
magistrate  may  the  better  judge  of  the  existence  of  such  probable  cause ; 
and  such  complaint  shall  also  describe  the  place  to  be  searched,  and  the 
articles  to  be  searched  for.  Every  such  warrant  shall  be  directed  to  the 
sheriff,  or  any  constable  of  the  county,  or  the  marshal,  or  other  officer  of 
any  city  or  village,  commanding  such  officer  to  search,  in  the  daytime,  the 
house  or  place  described  in  such  complaint  (which  place  shall  be  described 
in  the  warrant,  and  the  article  to  be  searched  for  shall  be  described  as  near 
as  may  be  therein),  and  to  take  and  keep  such  articles,  if  any  be  found  and 
370 


OF  MICHIGAN. 


seized,  in  some  safe  and  convenient  place,  to  abide  the  order  of  the  court ; 
but  no  dwelling-house  shall  be  searched  under  any  such  warrant,  unless 
there  shall  have  been  offered  to  such  magistrate  positive  proof,  under  oath,  of  a 
sale  within  thirty  days  immediately  preceding,  either  upon  such  premises  or 
from  liquors  kept  therein  for  the  purpose  of  sale.  When  any  officer,  in  the  ex- 
ecution of  such  warrant,  shall  seize  any  such  liquor,  and  any  such  casks 
and  vessels,  he  shall  safely  keep  the  same  so  long  as  shall  be  necessary,  for 
the  purpose  of  being  produced  or  used  in  evidence  on  any  trial,  or  until  the 
person  in  whose  possession,  or  under  whose  control,  they  may  have  been 
found,  shall  have  been  tried,  upon  any  suit  or  prosecution  that  may  have 
been  commenced  against  him,  for  so  keeping,  or  having  such  liquors  contrary 
to  the  provisions  of  this  Act,  when,  or  as  soon  as  may  be  thereafter,  the  same 
shall  be  restored  to  such  person,  if  he  be  acquitted  ;  but  if  he  be  convicted 
of  keeping  or  having  such  articles  so  seized  for  sale,  such  liquors  shall  be 
destroyed,  pursuant  to  the  written  order  of  the  court,  and  any  casks  or  ves- 
sels in  which  the  same  was  found  shall  be  sold  under  the  direction  of  the 
court,  which  may  have  tried  such  person,  or  of  the  magistrate  who  issued 
such  search  warrant ;  and  the  money  arising  from  the  sale  of  any  such  casks 
or  vessels,  shall  be  paid  over  for  the  same  uses  as  the  tine  or  forfeiture  ad- 
judged against  such  party.  It  shall  be  the  duty  of  the  court  so  issuing 
said  warrant  to  afford  the  person  against  whom  or  whose  property  the  same 
issued,  a  speedy  trial  for  any  offense  charged  therein,  or  in  the  complaint  on 
which  the  same  founded,  or  for  keeping  said  liquor ;  and  the  prosecution  on 
the  return  of  such  warrant  shall  forthwith  make  or  file  a  declaration  against 
such  person;  and  it  shall  be  duty  of  the  officer  serving  such  warrant  to 
notify  the  prosecutor  of  its  return. 

SEC.  8.  JURISDICTION  OF  JUSTICKS  OF  THE  PEACE. — Any  justice  of 
the  peace  of  the  county,  or  any  municipal  or  police  court  of  any  city  or 
village,  shall  have  jurisdiction  and  authority  to  hear,  try,  and  determine  all 
cases  arising  under  this  Act  occurring  in  any  part  of  the  county  in  which 
such  justice  resides,  or  in  which  such  court  sits,  except  for  a  breach  of  rec- 
ognizance specifically  mentioned  in  section  12  (of  which  the  circuit  court 
shall  have  jurisdiction).  The  suit  shall  be  brought  in  the  name  of  the  peo- 
ple of  the  State  of  Michigan  in  an  action  of  debt,  and  may  be  instituted  by 
any  person  who  is  a  resident  of  such  county ;  and  all  parties  to  any  such 
proceedings  shall  be  competent  witnesses  in  the  case,  except  the  defendant 
therein.  Such  suit  may  be  instituted  by  the  prosecuting  attorney  of  the 
proper  county ;  and  it  shall  be  the  duty  of  the  common  council,  attorney, 
or  alderman  of  any  city,  the  board  of  trustees  of  any  village,  and  each  one 
of  them,  and  of  the  supervisor  of  any  township,  when  any  offense  under  the 
provisions  of  this  Act  shall  have  been  committed,  who  shall  have  knowledge 
thereof,  or  reasonable  evidence  by  affidavit  thereof  served  upon  him,  to 
institute  such  suit  without  delay. 

SEC.  9.  ATTENDANCE  OF  WITNESSES. — Whenever  a  complainant  is  re- 
quired by  the  provisions  of  this  Act  to  state  facts  and  circumstances  for  the 
information  of  any  court  or  magistrate  to  whom  such  complaint  is  made, 
and  he  shall  be  unable  by  his  own  knowledge  to  state  sufficient  facts  and 
circumstances  to  authorize  the  issuing  of  a  warrant,  such  court  or  magis- 
trate may,  after  the  making  of  any  such  complaint,  issue  subpoenas  directed 
to,  and  compel  in  the  usual  manner  the  attendance  of  witnesses,  who  may 
be  required  to  testify  to  the  best  of  their  knowledge  concerning  such  facts 
and  circumstances. 

SEC.  10.  COMMENCEMENT  OF  SUIT. — Any  suit  under  this  Act  may  be 
commenced  by  summons  or  by  warrant  before  any  justice  of  the  peace,  or 

371 


PROHIBITORY  LAW 


any  municipal  or  police  court,  and  all  the  proceedings  of  law  relative  to 
proceedings  in  justices'  courts  in  civil  actions,  and  all  other  provisions  of 
law  applicable  to  such  cases,  not  repugnant  to  this  Act,  shall,  so  far  as  may 
be,  apply  to  all  the  proceedings  therein ;  but  it  shall  not  be  necessary  to  pay 
or  tender  any  fees  to  any  witness  subpoenaed  in  any  case  arising  under  the 
provisions  of  this  Act ;  and  if  such  witness  shall  neglect  or  refuse  to  obey 
such  subpoena,  an  attachment  may  issue  against  him  as  in  other  cases.  It 
shall  not  be  necessary  for  either  party  to  advance  any  jury  fees  before  the 
rendition  of  judgment  in  such  cases  or  in  any  case  arising  under  this  Act. 
The  following  form  of  complaint  shall  be  sufficient  to  authorize  the  issuing 
of  a  warrant  against  any  person  or  persons  complained  of,  to  wit : 

State  of  Michigan,  county  of  ,  ss. 

,  being  duly  sworn,  says  that  he  is  a  resident  (supervisor,  etc., 
as  the  case  may  be)  of  the  (township,  village,  or  city)  of  ,  in  said 

county,  and  that  he  verily  believes  that  did  at  ,  between 

the        day  of  ,  A.D.  18     ,  and  the        day  of  ,  A.D.  18     , 

not  including  a  period  over  thirty  days,  sell  certain  (spirituous  or  intoxicat- 
ing) liquors  in  violation  of  an  Act  entitled  "  An  Act  to  Prevent  the  Manu- 
facture and  Sale  of  Spirituous  or  Intoxicating  Liquors  as  a  Beverage." 

And  such  complaint  shall  also  set  forth  the  facts  and  circumstances  upon 
which  such  belief  is  founded.  It  shall  not  be  necessary  to  describe  in  such 
complaint,  or  in  the  warrant  issued  thereon,  the  particular  kind  of  liquor 
alleged  to  have  been  sold,  or  to  state  whether  the  offense  is  the  first  or  any 
subsequent  one,  or  the  day  on  which,  or  the  person  to  whom,  such  liquor 
was  sold.  And  any  suit  arising  under  this  Act  may  be  commenced 
and  prosecuted  within  the  circuit  court  of  the  proper  county  in  the  same 
manner  and  with  the  like  effect  as  in  other  civil  cases,  and  said  circuit 
court  shall  have  jurisdiction  concurrently  with  such  justices  of  the  peace, 
municipal  or  police  court,  to  hear,  try,  and  determine  such  suit.  Such  suit 
may  be  commenced  in  such  circuit  court  by  capias,  upon  filing  an  affidavit 
substantially  the  same  as  provided  in  this  section,  to  be  made  before  a  justice 
of  the  peace  Before  such  capias  shall  issue,  a  declaration  shall  be  filed  in 
said  cause,  in  substance  as  hereinafter  set  forth,  and  a  copy  thereof  shall  be 
served  upon  the  defendant  at  the  same  time  the  capias  is  served.  Special 
bail  shall  be  required  in  double  the  amount  claimed  in  such  declaration. 
Any  person  authorized  to  institute  or  commence  such  suit  may  appear 
therein  in  person,  and  prosecute  the  same,  or  may  have  an  attorney  or  at- 
torneys for  such  purpose.  The  declaration  herein  mentioned  may  be  in  the 
following  form,  to  wit : 

The  Circuit  Court  for  the  County  of  (or  other  court,  as  the  case 

may  be). 

County  of  ,  ss.    The  people  of  the  State  of  Michigan  complain  of 

,  in  an  action  of  debt,  and  that  the  same  justly  owes  them 

the  sum  of  dollars  for  a  forfeiture  which  he  has  incurred  by  sell- 

ing spirituous  or  intoxicating  liquors  (or  for  whatever  offense  that  the  suit 
may  be  brought)  at  ,  in  said  county,  between  the  day  of 

,  A.D.  18     ,  and  the  day  of  ,  A.D.  18      (includ- 

ing a  period  of  not  more  than  thirty  days),  in  violation  of  section  of 

an  Act  entitled  "  An  Act  to  Prevent  the  Manufacture  and  Sale  of  Spirituous 
or  Intoxicating  Liquors  as  a  Beverage,"  whereof  they  bring  suit, 

By  (prosecutor  or  attorney). 

372 


OF  MICHIGAN. 


And  if  such  suit  shall  be  brought  for  a  second  or  subsequent  offense,  the 
following  additional  averment,  in  substance,  shall  be  deemed  sufficient : 

And  the  said  people  further  say,  that  the  said  has  heretofore 

been  once  (or  twice,  as  the  case  may  be)  convicted  of  the  like  offense,  to 
wit,  at  ,  on  the  day  of  ,  A.D.  18     ,  before 

On  the  trial  of  any  such  cause  it  shall  not  be  necessary  to  aver  or  prove 
the  sale  of  any  particular  kind  of  liquor  by  name,  or  the  day  on  which  or 
to  whom  it  was  sold ;  and  proof  of  the  manufacture,  use,  or  sale,  or  keeping 
for  sale  of  any  mixed  liquors  shall  be  construed  to  be  included  under  the 
description  of  spirituous  or  intoxicating  liquors. 

SEC.  11.  RECOVERY  OF  FORFEITURE. — Any  forfeiture  under  this  Act 
may  be  recovered  by  indictment  as  for  a  misdemeanor,  and  upon  conviction 
the  court  shall  adjudge  and  order  the  defendant  to  pay  the  same  sums ;  to 
be  committed  and  imprisoned  in  the  same  manner  as  when  the  proceeding 
is  by  action  of  debt,  and  such  judgment  and  the  execution  thereon  shall 
have  the  like  effect. 

SEC.  12.  APPEAL  OR  WRIT  OF  ERROR.— In  all  actions  herein  provided 
for,  the  prosecutor  may  take  an  appeal  or  writ  of  error,  in  the  name  of  the 
people  of  the  State  of  Michigan,  upon  the  same  terms  and  conditions  as  if 
he  was  plaintiff;  and  the  defendant  may  likewise  take  an  appeal  or  writ  of 
error,  and  any  such  appeal  or  writ  of  error  shall  be  taken  within  the  same 
time,  upon  the  same  conditions,  and  in  the  same  manner  as  in  any  other 
civil  action  ;  provided,  that  the  defendant,  before  any  appeal  or  writ  of 
error  shall  be  allowed  or  considered  as  taken,  and  within  the  time  for  tak- 
ing such  appeal  or  writ  of  error,  in  addition  to  any  other  act  or  recognizance 
which  may  be  required  by  law,  shall  enter  into  a  recognizance  in  the  sum 
of  two  hundred  dollars,  with  two  good  and  sufficient  sureties,  to  the  satis- 
faction of  the  court  from  the  judgment  of  which  such  appeal  or  writ  of 
error  is  taken,  conditioned  that  such  defendant  will  not,  during  the  pend- 
ency of  such  appeal  or  writ  of  error,  violate  any  of  the  provisions  of  this 
Act ;  which  recognizance  shall  be  sent  up  with  the  other  papers  in  the  case 
on  appeal  to  the  circuit  court;  and  in  case  of  a  writ  of  error,  it  shall  be 
filed  with  the  clerk  of  the  court  in  which  such  judgment  was  rendered.  It 
shall  be  the  duty  of  the  prosecuting  attorney  of  the  county  to  bring  a  suit 
for  any  breach  of  the  recognizance  last  mentioned  whenever  he  shall  be  in- 
formed that  the  condition  thereof  has  been  broken  ;  and  it  shall  be  his  duty 
to  prosecute  all  suits  arising  under  this  Act  brought  into  the  circuit  court,  t 
whether  by  appeal  or  otherwise  ;  provided,  that  he  shall  in  no  case  have  the 
power  to  enter  a  nolle  prosequi,  or  discontinuance,  without  leave  of  the 
court,  and  for  reasons  therefor,  presented  to  the  court  in  writing,  and  filed 
in  the  cause. 

SEC.  13.  POWERS  OF  COURTS. — In  every  court,  in  actions  of  debt  aris- 
ing under  this  Act,  the  powers  of  the  court,  the  rules  of  practice,  and  the 
trial  and  other  proceedings  shall  be  the  same  as  in  other  civil  actions,  and 
the  costs  shall  be  the  same  in  amount,  and  taxed  in  the  same  manner.  In 
any  municipal  or  police  court  the  powers  of  the  court  and  the  whole  pro- 
ceedings shall  be  the  same  as  in  such  cases  before  justices'  courts,  and 
whenever  the  circuit  court  is  mentioned  in  this  Act  the  district  court  of  the 
Upper  Peninsula  shall  be  considered  as  equally  intended. 

SEC.  14.  BONDS  OF  DRUG  VENDERS. — Every  seller  of  drugs  and  medi- 
cines shall  be  held  to  be  included  in  all  the  prohibitions  and  penalties  of 
this  Act  against  the  selling  of  spirituous  or  intoxicating  liquors,  or  mixed 
liquors,  a  part  of  which  is  spirituous  or  intoxicating,  excepting  only  those 

373 


PROHIBITORY   LAW 


persons  whose  sole  or  principal  business  is  the  selling  of  drugs  and  medi- 
cines other  than  intoxicating  liquors,  who  shall,  in  person,  with  two  or  more 
sufficient  sureties,  give  bond  to  the  people  of  the  State  of  Michigan,  and 
cause  the  same  to  be  filed  in  the  office  of  the  county  clerk,  in  the  sum  of  not 
less  than  five  hundred  dollars  in  any  township,  or  one  thousand  dollars  in 
any  city  or  incorporated  village,  where  he  carries  on  such  business.  Any 
partner  may  execute  such  bond  jointly,  which  bond  shall  be  in  the  follow- 
ing form : 

Know  all  men  by  these  presents,  that  we,  ,  as  principal,  and 

and  ,  as  sureties,  are  held  and  firmly  bound  unto  the 

people  of  the  State  of  Michigan  in  the  sum  of  dollars,  to  the  pay- 

ment whereof,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs, 
executors,  and  administrators  firmly  by  these  presents,  sealed  with  our  seal, 
and  dated  this  day  of  ,  A.D.  18  .  "Whereas  the  above- 

named  principal  is  now  carrying  on,  and  proposes  to  continue,  the  business 
of  selling  drugs  and  medicines  in  ,  in  the  county  of  , 

and  whereas  the  said  principal  hath  covenanted  and  agreed,  and  doth 
hereby  covenant  and  agree  as  follows,  to  wit :  that  he  will  not,  directly  or 
indirectly,  by  himself,  his  clerk,  agent,  or  servant,  at  any  time,  sell  any 
spirituous  or  intoxicating  liquors,  or  any  mixed  liquor  a  part  of  which  is 
spirituous  or  intoxicating,  except  to  be  used  as  a  medicine,  as  a  chemical  agent 
in  scientific,  mechanical,  or  manufacturing  purposes,  or  wine  for  sacra- 
mental purposes.  That  he  will  not  sell  the  same  to  any  person  who  he 
knows,  or  has  good  reason  to  believe,  intends  to  use  it  as  a  beverage,  or  for 
any  other  purpose  than  such  as  are  herein  expressed,  or  to  any  person  to  be 
drunk  for  any  person  upon  the  premises.  That  he  will  not  sell  any  such 
liquor  to  a  minor,  unless  upon  the  written  order  of  his  father,  mother, 
guardian,  or  family  physician.  That  he  will  keep  a  book  containing  a  list, 
in  writing,  of  the  names  of  all  persons  who  shall  from  time  to  time  purchase 
any  such  liquor  of  him,  his  clerk,  agent,  or  servant,  and  of  the  persons  who 
act  as  their  agents  in  such  purchase,  together  with  the  quantity  and  kind 
of  liquor  purchased  on  each  and  every  occasion,  and  the  declared  object  for 
which  the  same  was  purchased;  which  list  shall,  on  demand,  be  exhibited  to 
any  elector  of  the  township,  city,  or  village.  And  that  he  will  not  in  any 
case  sell  or  deliver  any  such  liquor  for  any  purpose  whatever  to  any  person 
known  to  him  to  be  an  habitual  drunkard  or  a  person  in  the  habit  of  getting 
intoxicated. 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said  principal 
shall  well  and  truly  keep  and  perform  all  and  singular  the  foregoing  cove- 
nants and  agreements,  then  this  obligation  shall  be  void  and  of  no  effect ; 
otherwise,  the  same  shall  be  in  full  force  and  effect. 

Signed  and  sealed  in  presence  of  [L.  S.] 

L.  S.] 
L.  S.] 

Such  bond  shall  afford  such  principal  no  protection  unless  the  approval 
thereof  by  the  township  board,  or  the  board  of  trustees,  or  common  council 
of  the  village  or  city  shall  be  duly  certified  thereon  in  writing ;  and  he  shall 
not  be  allowed  to  sell  such  liquor  in  any  other  place  on  pain  of  forfeiting 
the  same  amounts  and  being  proceeded  with  in  the  same  manner  as  if  no 
such  bond  had  been  given.  Whenever  any  condition  of  such  bond  shall  be 
broken,  it  shall  be  the  duty  of  the  prosecuting  attorney  of  the  county  to 
put  the  same  in  suit,  and  collect  the  amount  thereof  by  due  course  of  law ; 
374 


OF  MICHIGAN 


and  from  the  time  of  such  breach  said  bond  shall  afford  said  principal  no 
protection  against  any  suit  or  prosecution  under  this  Act.  It  shall  be  the 
duty  of  such  seller  of  drugs  and  medicines,  his  clerk,  agent,  or  servant, 
whenever  applied  to  sell  any  such  liquor,  to  inquire  of  the  person  so  applying 
for  Avhat  purpose  or  use  the  same  is  intended,  and  it  shall  be  the  duty  of 
such  applicant  to  inform  him  truly.  In  case  such  applicant  shall,  in  answer 
to  such  inquiry,  make  a  false  statement,  he  shall  be  liable  to  the  same  for- 
feitures that  are  provided  in  section  3  for  the  unlawful  selling  of  such 
liquors,  which  forfeitures  may  be  enforced  in  the  same  manner,  and  with 
like  consequences,  as  those  mentioned  in  said  section.  And  if  such  appli- 
cant shall  omit  or  refuse  to  answer,  and  such  seller  of  drugs  and  medicines 
shall,  notwithstanding,  sell  and  deliver  to  him  any  such  liquors,  he  shall 
lose  all  protection  by  virtue  of  said  bond,  and  may  be  proceeded  against  in 
the  same  manner  as  if  the  same  had  not  been  given.  If  any  person  is  in 
the  habit  of  getting  intoxicated,  and  any  member  of  his  family,  or  three  other 
persons  shall  make  complaint  on  oath  or  affirmation  to  any  member  of  the 
township  board,  trustees,  or  common  council  of  any  township,  city,  or  Til- 
lage in  any  county  that  said  person  is  in  the  habit  of  getting  intoxicated,  it 
shall  be  the  duty  of  said  member  of  the  common  council,  trustees,  or  town- 
ship board  to  make  summary  inquiry  on  due  notice  to  the  person  charged 
with  being  in  the  habit  of  getting  intoxicated,  and  if  the  fact  be  found  as 
charged  in  the  complaint,  forthwith  to  forbid  all  sellers  of  drugs  or  medi- 
cines in  such  township,  village,  or  city  to  sell  such  person  any  such  liquors 
for  any  purpose  whatever ;  and  if  such  seller  of  drugs  and  medicines  shall, 
after  being  notified  as  aforesaid,  sell  such  person  any  such  liquors,  he  shall 
be  proceeded  against  for  an  unlawful  sale,  as  in  other  cases. 

SEC.  15.  GIVING  AWAY  LIQUORS  UNLAWFUL. — The  giving  away  of  in- 
toxicating liquors,  or  any  other  shift  or  device,  with  intent  to  evade  the  pro- 
visions of  this  Act,  shall  be  deemed  an  unlawful  selling  within  the  meaning 
of  this  Act,  and  every  person  who,  as  clerk,  agent,  or  servant  of  another, 
shall  sell  any  such  liquor,  shall  be  deemed  equally  guilty  as  his  principal, 
and  may  be  prosecuted  for  such  selling.  And  if  any  person  shall  knowing- 
ly solicit  or  encourage  any  one  who  has  previously  used  intoxicating  drinks 
habitually  or  injuriously  to  use  as  a  beverage  any  such  liquors ;  or  if  he 
shall  voluntarily,  directly  or  indirectly,  give  any  such  liquors,  or  cause  the 
same  to  be  given,  to  such  person  ;  or  shall,  with  the  intention  of  having  such 
person  drink  or  use  them,  place  any  such  liquors,  or  cause  or  procure  the 
same  to  be  placed  where  such  persons  may  obtain  them,  to  be  used  as  a 
beverage,  such  persons  so  offending  shall  be  subject  to  the  penalties  and  for- 
feitures provided  in  this  Act  against  selling  such  liquors. 

SEC.  16.  PERSONS  FOUND  INTOXICATKD. — Whenever  complaint  shall  be 
made  on  oath,  before  any  justice  of  the  peace  in  any  county,  or  any  muni- 
cipal or  police  court  of  any  city  or  village,  that  any  person  is  found  intoxi- 
cated in  any  tavern,  store,  shop,  public  building,  street,  alley,  highway,  or 
place  other  than  a  private  dwelling-house ;  or  when  complaint  on  oath  shall 
be  made  before  such  justice,  municipal  or  police  court,  by  the  wife,  or  any 
child  of  sufficient  age  and  discretion  to  make  oath,  of  any  person  found  in- 
toxicated in  any  dwelling-house  in  such  county,  it  shall  be  the  duty  of  such 
justice,  municipal  or  police  court,  to  issue  a  subpoena  to  compel  the  attend- 
ance of  such  persons  so  found  intoxicated  as  aforesaid  to  appear  before  the 
justice  or  court  issuing  the  same,  to  testify  in  regard  to  the  person  or  per- 
sons, and  the  time  when,  the  place  where,  and  the  manner  in  which  the 
liquor  producing  his  intoxication  was  procured  ;  and  if  such  person,  when 
subpoenaed,  shall  neglect  or  refuse  to  obey  such  writ,  the  said  justice  or  court 

375 


PROHIBITORY  LAW 


who  issued  the  same  shall  have  the  same  power  and  authority  to  compel  the 
attendance  of  the  person  so  subpoenaed,  and  to  enforce  obedience  to  such 
writ  as  in  other  civil  cases.  Whenever  the  person  so  subpoenaed  shall 
appear  before  the  justice,  municipal  or  police  court,  to  testify  as  aforesaid, 
he  shall  be  required  to  answer  on  oath  the  following  question,  to  wit : 
"  When,  where,  and  of  whom  did  you  procure,  obtain,  or  receive  the  liquor 
or  beverage  the  drinking  or  using  of  which  has  been  the  cause  of  the  intoxi- 
cation mentioned  in  the  complaint  ?"  And  if  such  person  shall  refuse  to 
answer  fully  and  fairly  such  question  on  oath,  he  shall  be  punished  and 
dealt  with  in  the  same  manner  as  for  a  contempt  of  court,  as  in  other  cases. 
If  it  shall  appear  from  the  testimony  of  such  person  that  any  of  the  offenses 
specified  in  this  Act  have  been  committed  in  this  State,  such  justice  or 
court  before  whom  such  testimony  is  given  shall  make  a  true  record  of  the 
same,  and  cause  it  to  be  subscribed  by  such  witness ;  and  the  said  testi- 
mony or  answer,  when  subscribed  as  aforesaid,  shall  be  deemed  and  taken 
to  be  sufficient  complaint  to  authorize  the  issuing  of  a  warrant  to  arrest  any 
person  or  persons  who  may  appear  from  said  complaint  to  be  guilty  of  hav- 
ing violated  any  of  the  provisions  of  this  Act.  Any  person  arrested  on  a 
warrant  issued  pursuant  to  the  provisions  of  this  section  shall  be  brought 
before  the  justice  or  court  issuing  the  same,  and  all  subsequent  proceedings 
in  such  suit  or  prosecution  shall  be  governed  by,  and  subject  to,  the  pro- 
visions of  this  Act  and  all  other  rules  of  law  applicable  thereto. 

SEC.  17.  FORFEITURES  FOR  THE  USE  OF  THE  POOR. — All  forfeitures  and 
sums  of  money  arising  under  this  Act,  upon  any  recognizance  or  bond,  after 
payment  of  the  costs  of  prosecution  or  suit,  shall  be  paid  over  to  the  treas- 
surer  of  the  proper  county,  to  be  applied  to  the  support  of  the  poor,  in 
accordance  with  the  laws  relating  to  the  support  of  poor  persons  by  counties ; 
and  all  other  fines  and  forfeitures,  arising  under  this  Act,  shall  be  paid  over 
and  applied  according  to  the  constitution  and  provisions  of  law. 

SEC.  18.  REFUSAL  OF  OFFICERS  TO  ENFORCE  THE  LAW  A  MISDEMEANOR. 
— If  any  sheriff,  under  sheriff,  deputy  sheriff,  constable,  city  attorney,  city 
or  village  marshal,  prosecuting  attorney,  or  other"  person,  whose  duty  it  is 
to  serve  process,  or  carry  into  effect  any  of  the  provisions  of  this  Act,  shall 
refuse  or  neglect  so  to  do  without  good  cause,  he  shall  be  deemed  guilty  of  a 
misdemeanor  ;  and  on  conviction  thereof,  he  shall  be  fined  or  imprisoned  as  in 
other  cases  of  misdemeanor ;  and  in  addition  to  such  punishment,  he  may  be 
adjudged  to  have  forfeited  his  office,  and  may  be  removed  by  competent 
authority.  Whenever  the  prosecuting  attorney  is  mentioned  in  this  Act,  the 
district  attorney  of  the  Upper  Peninsula  shall  be  considered  equally  in- 
tended. 

SEC.  19.  MANUFACTURE  BY  AUTHORITY.  CIDER,  WINE,  ETC. — This  Act 
shall  not  be  construed  as  prohibiting  the  manufacture  of  the  alcohol  of 
commerce,  containing  not  less  than  eighty  parts  in  the  hundred  of  pure 
alcohol ;  provided,  that  the  manufacturer  shall  not  be  at  liberty  to  sell  the 
same  within  the  State,  excepting  only  to  the  persons  who  may  have  given 
bonds,  pursuant  to  section  13  of  this  Act ;  and  any  other  sale  of  such  alcohol 
shall  be  deemed  to  be  within  the  prohibitions,  penalties,  and  forfeitures  of 
this  Act;  provided,  nothing  contained  in  this  Act  shall  be  construed  to 
prohibit  the  making  of  cider  from  apples,  or  wine  from  grapes,  or  other 
fruits,  grown  or  gathered  by  the  manufacturer  thereof  (if  made  in  this  State, 
and  free  from  all  intoxicating  liquors) ;  but  in  no  case  shall  such  cider  be  sold 
in  a  less  quantity  than  ten  gallons,  or  such  wine  in  a  less  quantity  than  one 
gallon,  and  sold  to  be,  and  be  all  taken  away  at  one  time ;  and  all  sales  of  such 
cider  in  less  quantity  than  ten  gallons,  or  wine  in  less  than  one  gallon,  or 
376 


OF  MICHIGAN. 


be  drank  or  used  on  the  premises,  shall  be  an  unlawful  sale  in  the  meaning 
of  this  Act,  and  be  punished  accordingly. 

SEC.  20.  IMPORTED  LIQUORS. — The  provisions  of  this  Act  shall  not  be 
construed  to  apply  to  such  liquors  as  are  of  foreign  production,  and  which 
have  been  imported  under  the  laws  of  the  United  States,  and  in  accordance 
therewith,  and  are  contained  in  the  original  packages  in  which  they  were 
imported,  and  in  quantities  not  less  than  the  laws  of  the  United  States  pre- 
scribe. To  entitle  any  liquors  to  the  exemption  contained  in  this  section,  it 
must  be  made  to  appear  by  positive  proof  that  they  are  of  the  character  this 
section  described ;  nor  shall  custom-house  certificates  of  importation,  and 
proof  of  marks  on  the  casks  or  packages  corresponding  therewith,  be  received 
as  evidence  that  the  liquors  contained  in  such  packages  are  those  actually 
imported  therein. 

SEC.  21.  REPEAL  OF  FORMER  ACT.— The  Act  entitled  "  An  Act  Prohib- 
iting the  Manufacture  of  Intoxicating  Beverages,  and  the  Traffic  therein," 
approved  February  12,  1853,  all  laws  inconsistent  with  this  Act  are  hereby 
repealed,  saving  all  rights  of  action  which  may  have  accrued  under  either 
of  said  Acts,  all  pending  suits  under  either  of  said  Acts,  which  may  be 
prosecuted  to  final  judgment  in  the  same  manner  and  with  the  like  effect  as 
if  said  Acts  were  not  repealed. 

377 


THE 

PROHIBITORY   LIQUOR   LAW 

OF 

NEW  YORK. 


The  People  of  the   State  of  New   York,  represented  in    Senate   and 
Assembly,  do  enact  as  follows  : 

SEC.  1  SALE  OF  LIQUOR  ILLEGAL. — Intoxicating  liquor,  except  as 
hereinafter  provided  shall  not  be  sold,  or  kept  for  sale,  or  with  intent  to  be 
sold,  by  any  person,  for  himself  or  any  other  person,  in  any  place  whatso- 
ever ;  nor  shall  it  be  given  away  (except  as  a  medicine,  by  a  physician  pur- 
suing the  practice  of  medicine  as  a  business,  or  for  sacramental  purposes), 
nor  be  kept  with  intent  to  be  given  away  in  any  place  whatsoever,  except  in 
a  dwelling-house  in  which,  or  in  any  part  of  which,  no  tavern,  store,  grocery, 
shop,  boarding  or  victualing-house,  or  a  room  for  gambling,  dancing,  or  other 
public  amusement  or  recreation  of  any  kind  is  kept ;  nor  shall  it  be  kept  or 
deposited  in  any  place  whatsoever,  except  in  such  dwelling-house,  as  above 
described,  or  in  a  church,  or  place  of  worship,  for  sacramental  purposes, 
or  in  a  place  where  either  some  chemical,  mechanical,  or  medicinal  art,  re- 
quiring the  use  of  liquor,  is  carried  on  as  a  regular  branch  of  business,  or 
while  in  actual  transportation  from  one  place  to  another,  or  stored  in  a  ware- 
house prior  to  its  reaching  the  place  of  its  destination.  This  section  shall 
not  apply  to  liquor  the  right  to  sell  which  in  this  State  is  given  by  any  law 
or  treaty  of  the  United  States. 

SEC.  2.  AUTHORIZED  SALE. — Any  citizen,  of  good  moral  character,  who 
is  an  elector  of  the  town  or  city  where  he  intends  to  sell  intoxicating  liquor, 
as  hereinafter  provided,  and  who  is  not  a  peddler,  nor  the  keeper  of,  or  in- 
terested in  any  boarding  or  victualing-house,  grocery,  or  fruit  store,  or  any 
bar-room,  confectionery,  inn,  tavern,  or  other  place  of  public  entertainment, 
or  the  keeper  of,  or  interested  in,  any  museum,  theater,  or  other  place  of 
public  amusement,  nor  the  captain,  commandant,  agent,  clerk,  or  servant 
of  or  on  any  vessel,  boat,  or  water  craft  of  any  kind  whatever,  may  keep  for 
sale,  and  may  sell  intoxicating  liquor  and  alcohol,  for  mechanical,  chemical, 
or  medicinal  purposes,  and  wine  for  sacramental  use;  provided  he  shall, 
within  one  year  previous,  have  filed  in  the  office  of  the  clerk  of  the  county 
in  which  such  liquor  is  to  be  sold,  an  undertaking  executed  by  himself  and 
two  good  and  sufficient  sureties,  to  be  approved  by  the  county  judge  of  the 
said  county,  or  in  the  city  of  New  York  by  one  of  the  judges  of  the  common 
pleas,  and  acknowledged  before  said  judge,  that  he  will  not  violate  any  pro- 
vision of  this  Act,  and  will  pay  all  fines,  damages,  and  costs  which  may  be 
imposed  upon  or  recovered  against  him  in  any  action,  civil  or  criminal,  to  be 
commenced  under  any  of  the  provisions  of  this  Act ;  and  provided  further, 
378 


PROHIBITORY  LAW  OF  NEW  YORK. 


that  he  shall  also  have  filed  with  his  undertaking  or  declaration  an  oath  or 
affirmation,  taken  before  said  judge,  setting  forth  the  town  or  ward,  and 
particularly  designating  and  describing  the  premises  and  place  in  which 
he  intends  to  sell  such  liquor,  and  declaring  that  he  is  an  elector  of  such 
town  or  ward,  and  does  not  use  intoxicating  liquor  as  a  'beverage,  and  is 
not,  and  during  the  time  he  shall  sell  such  liquor,  will  not  be  a  peddler,  nor 
the  keeper  of,  nor  interested  in  any  inn,  tavern,  boarding-house,  victualing- 
house,  grocery,  or  fruit  store,  bar-room,  confectionery,  nor  other  place  of 
public  entertainment,  nor  the  keeper  of.  nor  interested  in  any  theater,  mu- 
seum, or  other  place  of  public  amusement,  or  the  captain,  commander,  agent, 
clerk,  or  servant  of  or  on  any  vessel,  boat,  or  water  craft  of  any  kind  what- 
ever, and  will  not  violate  any  provision  of  this  Act ;  and  provided,  further, 
that  he  shall,  within  one  year  previous,  have  filed  a  copy  of  such  undertak- 
ing and  declaration,  certified  by  the  county  clerk,  in  the  office  of  the  clerk 
of  the  town  or  city  in  which  such  liquor  is  to  be  sold.  No  such  undertaking 
shall  be  approved  by  any  such  judge,  unless  the  applicant  shall  be  a  man  of 
good  moral  character,  and  such  sureties  shall  be  householders  within  such 
county,  and  severally  justify,  in  the  sum  of  five  hundred  dollars  each,  over 
and  above  all  debts,  demands,  liabilities,  or  legal  exemptions,  and  shall  also 
make  oath  or  affirmation  that  they  have  not  become  possessed  of  any  prop- 
erty for  the  purpose  of  enabling  them  to  justify  as  such  sureties,  and  that 
they  are  not  and  will  not  become  directly  or  indirectly  engaged  or  interested 
in  the  manufacture  or  sale  of  intoxicating  liquor  during  the  continuance  of 
their  suretyship. 

SEC.  3.  REGULATIONS  FOR  AUTHORIZED  SELLERS. — Any  person,  author- 
ized as  in  the  last  section  provided,  shall  not  do  any  thing  contrary  to  his 
said  undertaking,  nor  to  what  he  has  sworn  in  his  said  oath  or  affirmation ;  nor 
shall  he  sell  any  liquor  known  by  him  to  be  impure  or  adulterated,  nor  shall 
he  suffer  any  liquor  sold  by  him  to  be  drunk  upon  the  premises  where  the 
same  is  sold ;  but  he  may  sell  in  the  following  cases,  and  no  other  : 

I.  To  any  person  of  the  age  of  twenty- one  years,  being  of  good  character 
for  sobriety,  provided  the  person  selling  the  same  shall  have  good  reason  to 
believe,  and  shall  believe,  that  the  same  is  intended  by  the  purchaser  to  be 
used  for  some  one  of  the  purposes  in  the  preceding  section  named,  and  not  to 
be  sold,  disposed  of,  or  given  away,  or  to  be  drunk  on  the  premises  contrary 
to  the  provisions  of  this  Act ;  or, 

II.  To  any  person  authorized  to  sell  such  liquor  as  in  the  last  section  pro- 
vided. 

Every  person  authorized  to  sell,  as  in  the  last  section  provided,  shall  keep 
a  book  of  sales,  in  which  he  shall  enter,  or  cause  to  be  entered,  every  sale 
made  by  him,  which  entry  shall  contain  the  kind,  quantity,  price,  purpose 
for  which,  name  of  the  person- to  whom,  and  time  Avhen  sold,  which  book  shall 
at  all  times  during  business  hours  be  open  to  public  examination  by  any 
resident  of  the  town  or  city.  Every  person  so  selling  liquor,  shall  file  with 
the  clerk  of  the  town  or  city  where  he  sells  the  same,  between  the  first  and 
fifteenth  days  of  each  month,  a  sworn  copy  of  such  sales,  and  of  all  purchases 
made  by  him.  containing  kind,  quantity,  and  price,  with  an  affidavit  that 
the  same  contains  a  correct  account  of  the  sales,  and  all  the  sales  and  pur- 
chases made  by  him  during  the  previous  month  according  to  his  best  knowl- 
edge, information,  and  belief;  but  nothing  in  this  Act  contained  shall  be 
construed  to  prevent  the  sale  by  legal  process  (in  case  of  the  insolvency  of 
the  authorized  liquor-seller)  of  any  liquo*rs  held  by  him  at  the  time  of  such 
insolvency,  to  any  other  liquor-seller  authorized  to  sell  by  this  Act ;  nor  to 
prevent  the  legal  representatives  of  any  deceased  person  (who  at  the  time 

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PROHIBITORY  LAW 


of  his  decease  was  an  authorized  liquor-seller) 'from  selling  any  such  liquor, 
as  may  come  to  their  possession  as  property  of  such  deceased  liquor-seller, 
to  any  person  authorized  by  this  Act  to  sell  liquor. 

SEC.  4.  FORFEITURES  AND  PENALTIES. — Every  person  who  shall  violate 
any  provision  of  either  of  the  preceding  sections,  shall,  upon  conviction,  be 
adjudged  guilty  of  a  misdemeanor,  and  except  for  failure  to  file  his  return 
or  make  his  entries  as  in  the  last  section  provided,  shall  forfeit  all  the  liquor 
kept  by  him  in  violation  of  either  of  the  preceding  sections,  and  be  punished 
as  follows :  For  any  violation  of  section  first,  for  the  first  offense,  by  a  fine 
of  fifty  dollars ;  for  the  second  offense,  by  a  fine  of  one  hundred  dollars,  and 
thirty  days'  imprisonment ;  for  the  third  and  every  subsequent  offense,  by  a 
fine  of  not  less  than  one  hundred,  nor  more  than  five  hundred  dollars,  and 
by  imprisonment,  not  less  than  three  nor  more  than  six  months.  For  any 
violation  of  section  second  or  third,  by  a  fine  of  one  hundred  dollars,  and  by 
imprisonment  in  the  county  jail  for  not  less  than  thirty  days,  and  be  ever 
thereafter  disqualified  for  selling  liquor  within  this  State.  Upon  every  con- 
viction the  defendant  shall  also  be  required  to  pay  all  costs  and  fees  as  pro- 
vided by  this  Act.  In  default  of  payment  of  any  such  fine,  costs,  and  fees, 
or  any  part  tnereof,  the  defendant  shall  be  committed,  until  the  same  are 
paid,  not  less  than  one  day  per  dollar  of  the  amount  unpaid.  If  any  person 
purchasing  any  liquor  as  in  the  last  section  provided,  shall,  at  the  time, 
make  any  false  statement  concerning  the  use  to  which  such  liquor  is  to  be 
applied,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  forfeit  and  pay  a  fine  of  ten  dollars  and  costs,  and  counsel  fees, 
as  provided  in  this  Act,  and  stand  committed  until  paid,  not  less  than  one 
day  per  dollar  of  the  amount  unpaid. 

SEC.  5.  JUDICIAL,  OFFICERS. — Every  justice  of  the  peace,  police  justice, 
county  judge,  city  judge ;  and  in  addition,  in  the  city  of  New  York,  the  re- 
corder, city  judge,  each  justice  of  the  marine  court,  and  the  justices  of  the 
district  courts — and  in  all  cities  where  there  is  a  recorder's  court,  the  re- 
corder— shall  have  power  to  hear  and  determine  charges,  and  punish  for  all 
offenses  arising  under  any  of  the  provisions  of  this  Act,  and  they  are  each 
hereby  authorized  and  required  to  hold  courts  of  special  sessibns  for  the 
trial  of  such  offenses,  and  under  this  Act  to  do  all  other  acts  and  exercise 
the  same  authority  that  may  be  done  or  exercised  by  justices  of  the  peace 
in  criminal  cases,  and  by  courts  of  special  sessions,  as  the  same  are  now  con- 
stituted ;  and  the  term  magistrate  as  used  in  this  Act,  shall  be  deemed  to 
refer  to  and  include  each  officer  named  in  this  section.  Such  court  of  spe- 
cial sessions  shall  not  be  required  to  take  the  examination  of  any  person 
brought  before  it  upon  charge  of  an  offense  under  this  Act,  but  shall  pro- 
ceed to  trial  as  soon  thereafter  as  the  complainant  can  be  notified ;  and  for  good 
cause  shown,  he  may  adjourn  from  time  to  time,  not  exceeding  twenty  days. 
At  the  time  of  joining  issue,  and  not  after,  either  party  may  demand  trial 
by  jury,  in  which  case  the  magistrate  shall  issue  a  venire  and  cause  a  jury 
to  be  summoned  and  impanneled  as  in  other  criminal  cases  in  course  of  spe- 
cial sessions.  The  complainant  may  appear  upon  such  trial  on  behalf  of  the 
people,  and  prosecute  the  same  with  or  without  counsel.  He  may  also  pros- 
ecute the  same  in  all  the  courts  to  which,  as  hereinafter  provided,  appeal 
may  be  taken,  in  person  or  by  attorney,  or  he  may  apply  to  the  district  at- 
torney, whose  duty  it  shall  be,  upon  such  application,  to  appear  and  conduct 
said  trial,  or  the  appeal  from  the  judgment  thereon,  or  both.  The  same  costs 
and  disbursements  shall  be  allowed  against  the  defendant  upon  such  appeal 
as  are  now  allowed  in  civil  actions,  in  those  courts  to  which  appeals  may  be 
taken,  according  to  the  provisions  of  this  Act.  In  all  cases,  if  the  district 
380 


OF  NEW  YORK. 


attorney  shall  appear  and  conduct  the  appeal,  the  costs,  if  any,  shall  go  to 
him  for  his  individual  use,  in  other  cases,  to  the  complainant,  and,  in  default 
of  the  payment  of  the  whole  or  any  part  thereof,  the  defendant  may  be 
committed  to  the  same  extent  as  provided  in  the  fourth  section  of  this 
Act. 

SEC.  6.  SEARCH  WARRANT. — Whenever  complaint  on  oath  or  affirmation 
shall  be  made  in  writing  to  any  magistrate  by  one  or  more  credible  persons, 
resident  of  the  county  where  the  complaint  is  made,  or  of  an  adjoining 
county,  that  he  or  they  have  reason  to  believe,  and  do  believe,  that  intoxicat- 
ing liquor  is  kept  or  deposited  in  violation  of  any  provision  of  section  first 
of  this  Act,  whether  the  person  so  keeping  or  depositing  the  same,  is  or  is 
not  known  to  the  complainant,  in  some  specified  place  or  places  within  the 
city  or  town  in  which  such  complaint  is  made,  or  upon  any  water  adjacent 
thereto,  or  within  five  hundred  yards  of  the  boundaries  thereof,  which  com- 
plaint shall  state  the  facts  and  circumstances  upon  which  such  belief  is 
founded,  or  such  facts  and  circumstances  shall  be  stated  upon  oath  or  affirm- 
ation of  some  other  person,  it  shall  be  the  duty  of  such  magistrate,  if  he 
is  satisfied  that  there  is  probable  cause  for  said  belief,  forthwith  to  issue  a 
warrant,  directed  in  the  same  manner  as  criminal  processes  are  now  direct- 
ed, commanding  the  officer,  with  proper  assistance,  forthwith  diligently  to 
search  such  place  or  places,  and  to  seize  all  intoxicating  liquor  found  there- 
in, which,  from  said  complaint  or  other  proof  furnished,  said  magistrate 
shall  be  satisfied  there  is  probable  cause  for  believing  it  is  kept  or  deposited 
in  violation  of  any  provision  of  section  first,  together'  with  the  vessels  in 
which  the  same  is  contained,  and  to  store  the  same  in  some  safe  and  conve- 
nient place,  to  be  disposed  of  as  hereinafter  provided.  If,  from  such  com- 
plaint or  proof,  or  both,  the  person  so  keeping  or  depositing  said  liquor  shall 
be  made  known  or  ascertained  to  the  satisfaction  of  said  magistrate,  he  shall 
issue  a  separate  warrant  for  the  arrest  of  such  person,  to  be  dealt  with  ac- 
cording to  the  provisions  of  this  Act.  But  no  warrant  shall  be  issued  under 
this  Act  to  search  any  such  dwelling-house  as  is  described  in  section  first  of 
this  Act,  unless  the  occupant  thereof  shall  have  been  convicted,  as  herein- 
before provided,  of  having  sold  intoxicating  liquor  in  his  dwelling-house,  or 
suffered  it  to  be  done,  within  one  year  next  preceding  the  issuing  thereof. 
Every  warrant  so  issued  shall  particularly  describe  the  place  to  be  searched 
and  the  things  to  be  seized. 

SEC.  7.  PROCESS  AFTER  SEIZURE. — Whenever  any  liquor  shall  be  seized 
under  any  provision  of  this  Act,  it  shall  be  the  duty  of  the  officer  by  whom 
such  seizure  is  made,  except  in  cases  where  the  owner  thereof  shall  have 
been  arrested,  forthwith  to  give  written  notice  to  the  owner  or  his  agent,  if 
known,  of  the  seizure  of  such  liquors,  which,  and  the  vessels  containing  the 
same,  shall  be  described  in  such  notice  as  near  as  may  be,  and  of  the  name 
of  the  magistrate  by  whom  the  warrant  was  issued,  or  in  case  of  seizure 
under  section  twelfth,  before  whom  the  person  arrested  was  carried,  and  the 
name  and  residence  of  such  officer  making  such  seizure,  and  the  time  of  such 
seizure.  Such  notice  shall  be  served  by  delivering  it  to  the  owner  or  his 
agent,  personally,  or  by  leaving  the  same  at  his  last  or  usual  place  of  resi- 
dence, with  a  person  of  mature  age,  residing  on  the  premises.  If  the  owner 
or  his  agent  can  not  be  found,  and  his  place  of  residence  is  not  known  to  the 
officer,  such  notice  shall  be  served  by  delivering  the  same  to  any  person  of 
mature  age,  residing  or  being  employed  in  the  place  in  which  such  liquor  was 
contained,  or,  if  none  such  can  be  found,  by  posting  the  same  in  a  conspic- 
uous place  upon  the  outer  door  of  such  place  ;  and  copies  of  such  notice  con- 
taining also  a  description  of  the  place  in  which  such  liquor  was  found,  shall 

381 


PROHIBITORY  LAW 


forthwith  be  conspicuously  posted  in  at  least  three  public  places,  within  said 
city  or  town.  Any  person  may,  at  any  time,  before  forfeiture,  present  to 
the  magistrate  named  in  such  notice,  an  affidavit  or  affirmation  in  writing, 
stating  that  such  liquor,  at  the  time  of  such  seizure,  was  actually  owned  by 
him,  or  by  some  other  person  named  by  him,  for  whom  he  is  agent;  that  he 
or  such  person  had  not  become  possessed  thereof  for  the  purpose  of  prevent- 
ing its  forfeiture,  and  that  the  same  had  not  been  kept  contrary  to  the  pro- 
visions of  this  Act,  to  the  best  of  nis  knowledge  and  belief,  and  also  speci- 
fying the  purpose  for  which,  the  place  where,  under  which  exception  of  sec- 
tion first  the  same  was  kept  and  the  facts  particularly  showing  it  to  be  with- 
in the  exception ;  and  thereupon  the  same  proceedings  before  said  magistrate, 
shall  in  all  respects  be  had,  as  are  provided  in  section  fifth.  Upon  the  trial 
of  such  claim,  the  custom-house  certificates  of  importation,  and  proofs  of 
marks,  on  the  casks  or  packages  corresponding  thereto,  shall  not  be  received 
as  sufficient  evidence  that  the  liquors  contained  in  said  casks  or  packages, 
are  those  actually  imported  therein.  The  magistrate  shall  keep  minutes  of 
the  proceedings,  testimony,  and  judgment,  upon  all  trials,  under  this,  or 
section  fifth,  which  shall  be  subscribed  by  him.  He  shall  have  power  to 
issue  process  to  compel  the  attendance  of  witnesses,  and  to  punish  for  non- 
attendance  as  witnesses,  or  jurors,  in  the  same  manner  as  in  civil  actions 
before  justices  of  the  peace. 

SEC.  8.  RIGHT  OF  APPEAL. — Either  the  complainant  or  other  person 
prosecuting  in  behalf^of  the  people,  or  defendant,  may  appeal  to  the  supreme 
court  at  general  term,  from  any  judgment  of  any  magistrate  rendered  under 
any  provision  of  this  Act,  by  serving  upon  such  magistrate,  and  the  com- 
plainant or  such  other  person  or  the  defendant,  as  the  case  may  be,  written  no- 
tice thereof,  specifying  the  grounds  of  appeal,  within  ten  days  after  the  ren- 
dering of  such  judgment,  the  service  to  be  made  as  now  provided  in  appeals 
from  justice  courts  in  civil  actions.  The  decision  of  the  supreme  court  shall 
be  final,  unless  with  the  decision  one  of  the  judges  thereof  shall  file  a  certifi- 
cate that  a  legal  question  is  involved  therein,  upon  which  it  is  proper  to  take 
the  opinion  of  the  court  of  appeals,  in  which  case  an  appeal  may  be  taken 
upon  that  question  only  to  the  court  of  appeals.  The  service  of  such  notice 
shall  be  of  no  effect  on  behalf  of  tke  defendant,  unless  he  shall  at  the  same 
time  deliver  to  the  magistrate  an  undertaking  to  the  people  of  the  State  of 
New  York,  in  the  sum  of  five  hundred  dollars,  with  one  or  more  sureties,  to 
be  approved  by  such  magistrate,  or  county  judge,  conditioned  that,  if  the 
judgment  be  affirmed  on  such  appeal,  or  upon  a  subsequent  appeal  from  the 
decision  of  the  supreme  court  to  the  court  of  appeals,  they  will  pay  the 
amount  of  the  fine  and  costs  contained  in  such  judgment,  and  that  the  de- 
fendant shall  not,  during  the  pendency  of  said  appeal,  violate  any  provision 
of  this  Act,  and  that  they  will  jointly  and  severally  pay  all  fines,  damages, 
and  costs  which  may  be  adjudged  against  him  in  consequence  of  any  such 
violation ;  and  in  case  such  defendant  shall  be  required  by  such  judgment  to 
be  imprisoned  or  to  stand  committed,  with  the  further  condition  that  he  will 
appear  in  the  court  of  general  sessions  of  said  county  at  the  term  thereof 
next  after  the  affirmance  of  such  judgment,  and  not  depart  therefrom  with- 
out leave,  and  obey  the  order  of  such  court  of  general  sessions,  as  to  such 
imprisonment  or  commitment.  Upon  the  giving  of  such  notice  and  under- 
taking, all  further  proceedings  upon  such  judgment  shall  be  stayed,  until 
such  appeal  shall  have  been  decided,  or  dismissed  for  want  of  prosecution, 
as  hereinafter  provided.  No  proceeding  or  judgment  had  or  rendered  under 
any  provision  of  this  Act  shall  be  set  aside  or  be  void  by  reason  of  any  tech- 
nical errors  or  defects  not  affecting  the  merits ;  but  the  same  may  be  amend  - 
382 


OF  NEW  YORK. 


ed  without  notice  before  or  after  judgment,  or  upon  appeal  or  review,  or  after 
judgment  rendered  upon  appeal  or  review,  when  by  such  amendment  sub- 
stantial justice  will  be  promoted.  Any  judgment  or  verdict  rendered  under 
any  provision  of  this  Act  against  evidence  may  be  reversed  upon  appeal,  as 
in  civil  actions.  All  appeals  from  judgments  under  this  Act  shall  have 
the  same  precedence  as  other  criminal  causes,  and  may  be  moved  out  of  their 
order  at  any  tune  by  either  party. 

SEC.  9.  PROCESS  AFTER  APPEAL,. — Whenever  any  appeal  shall  be  taken 
according  to  the  provisions  of  the  last  section,  it  shall  be  the  duty  of  the 
magistrate,  within  ten  days  thereafter,  to  file  a  return  of  the  testimony  and 
proceedings  had  before  him  upon  the  trial  of  such  action,  together  with  the 
notice  of  appeal  and  undertaking,  if  any,  and  his  certificate  that  the  same 
contains  all  the  testimony  and  proceedings  had  before  him  on  such  trial,  in 
the  office  of  the  county  clerk  of  the  county  in  which  the  trial  was  had. 
After  the  filing  of  the  papers  as  aforesaid,  the  same  rules  and  proceedings 
shall  in  all  respects  govern  the  appeal  to  the  final  determination  thereof,  and 
as  to  amending  the  returns  of  said  magistrate,  as  are  now  provided  in  civil 
actions  except  as  hereinbefore  modified;  provided,  nevertheless,  if  either 
the  complainant  or  defendant  can  not  be  found  to  be  served  with  notice,  as 
now  provided,  the  same  may  be  served  by  filing  it  with  the  county  clerk  and 
attaching  thereunto  an  affidavit  containing  the  reasons  for  so  doing.  If  the 
complainant,  other  than  some  one  of  the  officers  whose  duty  it  is  made  to 
enter  complaint,  shall  fail  to  appear  by  himself  or  attorney  and  defend  or 
prosecute  any  appeal  brought  under  any  provision  of  this  Act,  or  to  apply  to 
the  district  attorney,  as  provided  in  section  5th,  he  shall  be  personally 
liable  to  the  defendant  for  the  costs  of  said  defendant,  to  be  recovered  in  a 
civil  action.  All  executions  issued  upon  the  final  determination  of  any  ap- 
peal adversely  to  the  defendant,  to  collect  the  judgment  thereon,  shall  be  in 
the  name  of  the  people  of  the  State  of  New  York  against  the  property  and 
person.  If  any  execution  so  issued  shall  be  returned  unsatisfied,  in  whole 
or  in  part,  any  person  or  persons  having  any  interest  in  such  judgment  may 
maintain  an  action  in  the  name  of  the  people  of  the  State  of  New  York, 
upon  the  undertaking  given  upon  the  appeal,  and  recover  therein  the  amount 
of  his  interest  in  such  judgment  with  costs. 

SEC.  10.  PROCESS  AFTER  JUDGMENT. — Whenever  any  liquor  seized 
under  any  provision  of  this  Act  shall  not  be  adjudged  forfeited,  the  officer 
having  the  same  in  custody  shall  return  it  to  the  place  where  it  was  seized ; 
but  when  it  shall  be  adjudged  forfeited,  as  provided  in  any  section  of  this 
Act,  or  whenever  any  trial  shall  have  resulted  adversely  to  the  defend- 
ant, and  the  time  for  serving  notice  of  appeal  shall  have  elapsed  and  no 
notice  and  undertaking  shall  have  been  served,  or  the  judgment  ap- 
pealed from  shall  have  been  finally  decided  adversely  to  the  defendant,  and 
notice  thereof  given  to  the  magistrate  before  whom  the  trial  was  had,  it 
shall  be  the  duty  of  said  magistrate  forthwith  to  issue  a  warrant  command- 
ing that  the  liquor  so  seized  and  forfeited  be  destroyed.  And  the  officer  to 
whom  the  same  shall  be  delivered  shall  forthwith  proceed,  in  the  presence 
of  one  of  the  complainants,  or  of  some  other  person  to  be  designated  in  such 
warrant,  and  to  be  summoned  by  him,  to  execute  the  same,  and  such  person 
shall  join  with  the  officer  in  making  return  by  affidavit  of  the  time,  place, 
and  manner  of  the  execution  of  such  warrant,  and  upon  the  receipt  of  said 
return,  said  magistrate  shall  order  execution  to  issue  to  said  officer,  who 
shall  proceed  to  sell  the  vessels  which  contained  said  liquor,  and  the  pro- 
ceeds of  said  sale  shall  be  applied  in  like  manner  as  provided  by  this  Act  in 
other  cases. 

383 


PROHIBITORY  LAW 


SEC.  11.  PROCESS  AFTER  COMPLAINT. — Whenever  complaint  on  oath  or 
affirmation,  in  writing,  which  complaint  shall  state  the  facts  and  circum- 
stances upon  which  his  belief  is  founded,  shall  be  made  before  any  magis- 
trate by  any  person  that  he  has  just  cause  to  suspect  and  believe,  and  does 
believe,  that  any  offense  against  any  provision  of  this  Act  has  been  commit- 
ted, and  that  some  other  person  or  persons  named  by  him  has  or  have  know- 
ledge of  the  commission  of  such  offense,  such  magistrate,  if  he  thinks  there 
is  probable  cause  to  believe  that  such  offense  has  been  committed,  and  that 
such  person  or  persons  has  or  have  knowledge  of  the  commission  of  such 
offense,  shall  forthwith  issue  a  summons  to  the  person  or  persons  so  named, 
commanding  him  or  them  to  appear  before  him,  at  a  place  and  time  not 
more  than  four  days  thereafter,  to  be  designated  in  such  summons,  to  tes- 
tify in  relation  to  such  complaint.  Such  summons  may  be  served  in  the 
same  or  an  adjoining  county  by  any  officer  to  whom  the  same  shall  be  deliv- 
ered, or  by  any  other  person,  by  stating  the  contents  or  delivering  a  copy 
thereof  to  the  person  or  persons  named  therein,  and  at  the  same  time  show- 
ing him  or  them  the  original.  If  the  person  or  persons  so  summoned  shall 
fail  to  appear,  the  magistrate,  upon  proof  of  the  service  of  such  summons 
by  the  return  of  an  officer,  or  the  oath  of  any  other  person,  shall  issue  an 
attachment  to  compel  their  attendance  for  the  purpose  of  giving  such  testi- 
mony, which  attachment  may  be  executed  in  any  part  of  the  State.  The 
person  so  attached  may,  unless  some  reasonable  cause  or  excuse  be  shown 
by  his  own  oath,  or  the  oath  of  some  other  person,  be  punished  by  a  fine  of 
not  less  than  ten  dollars,  and  in  default  of  payment  he  may  be  committed 
to  the  same  extent  as  provided  in  the  4th  section. 

SEC.  12.  DUTY  or  PEACE  OFFICERS. — It  shall  be  the  duty  of  every 
sheriff,  under  sheriff,  deputy  sheriff,  constable,  marshal,  or  policeman  to 
serve  all  processes  to  be  issued  by  virtue  of  this  Act,  to  arrest  any  person 
whom  he  shall  see  actually  engaged  in  the  commission  of  any  offense  in  vio- 
lation of  the  1st  section  of  this  Act,  and  to  seize  all  liquors  kept  in  violation 
of  said  section  at  the  time  and  place  of  the  commission  of  such  offense,  to- 
gether with  the  vessels  which  the  same  is  contained,  and  forthwith  to  con- 
vey such  person  before  any  magistrate  of  the  same  city  or  town  to  be  dealt 
with  according  to  law,  and  to  store  the  liquor  and  vessels  so  seized  in  some 
convenient  place,  to  be  disposed  of  as  hereinafter  provided.  It  shall  be  the 
duty  of  every  officer  by  whom  any  arrest  and  seizure  shall  be  made  under 
this  section  to  make  complaint  on  oath  against  the  person  or  persons 
arrested,  and  to  prosecute  such  complaint  to  judgment  and  execution.  It  shall 
be  the  duty  of  every  such  officer  whenever  he  shall  see  any  intoxicated  person 
in  any  store,  hotel,  street,  alley,  highway,  or  public  place,  or  disturbing 
the  public  peace  and  quiet,  to  apprehend  such  person  and  take  him  before 
some  magistrate,  and  if  said  magistrate  shall,  after  due  examination,  deem 
him  too  much  intoxicated  to  be  examined  or  to  answer  upon  oath  correctly, 
he  shall  direct  said  officer  to  keep  him  in  some  jail,  lock-up,  or  other  safe  and 
convenient  place,  to  be  designated  by  said  magistrate,  until  he  shall  become 
sober,  and  thereupon  forthwith  to  take  him  before  said  magistrate,  or,  if  he 
can  not  be  found,  before  some  other  magistrate ;  and  whenever  any  person 
shall  appear  or  be  brought  before  any  magistrate,  as  provided  in  this  or  the 
preceding  section,  it  shall  be  the  duty  of  such  magistrate  to  administer  to 
such  person  an  oath  or  affirmation,  and  to  examine  him  as  to  the  cause  of 
his  intoxication  and  for  the  purpose  of  ascertaining  whether  any  offense  has 
been  committed  against  any  provision  of  this  Act.  If,  upon  such  examina- 
tion, it  shall  appear  that  any  such  offense  has  been  committed  within  the 
jurisdiction  of  such  magistrate,  it  shall  be  his  duty  to  issue  a  warrant  for 
384 


OF  NEW  YORK. 


the  arrest  of  the  offender  and  the  search  of  his  premises  as  hereinbefore 
provided.  If  it  shall  appear  that  any  such  offense  has  been  committed  at 
any  place  beyond  the  jurisdiction  of  such  magistrate,  it  shall  be  his  duty 
to  reduce  such  examination  to  writing,  and  forthwith  to  certify  and  send 
the  same  to  any  officer  or  magistrate  having  jurisdiction  of  the  offense 
charged,  who  shall  thereupon  proceed  in  relation  to  such  complaint  in  the 
same  manner  as  if  the  same  had  been  made  before  him.  If  any  such  wit- 
ness shall  refuse  to  be  sworn  or  affirmed,  or  to  answer  any  question  perti- 
nent to  such  examination  or  trial,  other  than  such  as  will  criminate  himself, 
he  shall  be  committed  to  the  common  jail  of  such  county,  there  to  remain 
until  he  shall  consent  to  be  sworn  or  affirmed  or  to  disclose  for  a  term  not 
exceeding  ninety  days,  at  the  discretion  of  the  court.  It  shall  be  unlawful 
for  any  person  to  be  or  become  intoxicated  in  any  store,  grocery,  tavern,  or 
public  place,  and  for  each  offense  he  shall  be  liable  to  a  fine  of  ten  dollars, 
to  be  sued  for  and  recovered  in  the  same  manner  as  fines  in  the  4th  section 
of  this  Act,  and  in  default  of  the  payment  thereof,  he  shall  stand  committed 
as  provided  in  said  4th  section ;  and  it  shall  be  the  duty  of  the  magistrate 
before  whom  such  intoxicated  person  is  arraigned,  to  examine  such  person 
as  a  witness  relative  to  the  cause  of  his  intoxication,  to  ascertain  whether 
any  person  has  violated  the  provisions  of  this  Act ;  but  the  testimony  so 
given  shall  not  in  any  case  be  used  against  him  in  any  civil  or  criminal 
action,  except  upon  an  indictment  and  trial  for  perjury.  All  such  fines 
shall  be  applied  to  the  support  of  the  poor  of  the  city  or  town  where  the 
offense  is  committed. 

SEC.  13.  FORFEITED  LIQUORS. — All  liquors  seized  under  any  provisions 
of  this  Act,  except  in  cases  where  the  owner  thereof  shall  have  been 
arrested,  shall  be  kept  stored  for  thirty  days  after  service  and  posting  of 
notices,  as  required  by  section  7th,  after  which  time,  upon  the  proof  of  such 
service  and  posting  by  the  return  of  the  officer  indorsed  upon  the  warrant 
of  search,  or  by  other  evidence  to  that  effect,  such  liquors,  together  with 
the  vessels  in  which  the  same  were  contained,  shall  be  adjudged  forfeited  by 
the  magistrate  named  in  such  notice,  to  whom  such  proof  shall  have  been 
made,  unless  they  shall  have  been  claimed  as  hereinbefore  provided.  And 
all  liquors  and  vessels  in  which  they  are  contained  which  shall  have  been 
found  and  seized  in  the  possession  of  any  person  who  shall  have  been 
arrested  for  violating  any  provision  of  the  1st  section,  and  not  claimed  by 
any  other  person,  shall,  upon  conviction  of  such  person  of  such  offense,  be 
adjudged  forfeited. 

SEC.  14.  DUTY  OF  SUPERVISOR  AND  SUPERINTENDENTS  OF  THE  POOR. 
— It  shall  be  the  duty  of  every  supervisor  and  superintendent  of  the  poor, 
and  overseer  of  the  poor,  and  it  shall  be  the  right  of  every  other  person, 
whenever  he  shall  have  any  knowledge  or  information  that  any  offense  has 
been  committed  under  any  provision  of  this  Act,  to  make  complaint  or  cause 
complaint  to  be  made  thereof,  and  to  prosecute  such  complaint  in  the  name 
of  the  people.  In  case  any  person,  other  than  an  officer,  shall  not  make  out 
a  prima  facie  case  before  the  magistrate  upon  the  trial  of  any  complaint 
under  the  1st  section,  and  it  shall  appear  to  the  court  that  he  acted  mali- 
ciously or  in  bad  faith,  or  without  probable  cause  for  making  such  com- 
plaint, the  court  shall  render  judgment  against  such  person,  in  favor  of  the 
defendant  for  the  costs,  and  issue  execution  thereon  against  the  property  and 
person  in  the  same  manner  as  in  civil  actions  before  justices  of  the  peace. 
Whenever  any  fine  imposed  under  any  provision  of  this  Act,  except  when 
otherwise  specially  provided,  shall  be  collected,  it  shall  be  paid,  together 
with  all  costs,  to  the  overseers  of  the  poor  of  the  town  in  which  the  offense 

17  385 


PROHIBITORY  LAW 


was  committed,  for  the  support  of  the  poor,  in  cases  where  such  expenses 
are  paid  by  the  town ;  and  where  the  poor  are  supported  by  the  county,  then 
to  the  treasurer  of  the  county. 

SEC.  15.  MAGISTRATE'S  CERTIFICATE. — A  certificate  under  the  hand  of 
any  magistrate  stating  any  such  offense  duly  proved  to  be  charged  against 
any  person,  and  judgment  thereon,  shall  be  evidence  in  all  courts  and  places 
of  the  facts  stated  therein. 

SEC.  16.  QUALIFICATIONS  OF  JURORS. — No  person  who  shall  have  been 
convicted  of  any  offense  against  any  provision  of  this  Act,  or  who  shall  be 
engaged  in  the  sale  or  keeping  of  intoxicating  liquor  contrary  to  the  pro- 
visions of  this  Act,  shall  be  competent  to  act  as  a  juror  upon  any  trial  under 
any  provision  of  this  Act ;  and  when  information  shall  be  communicated  to 
the  court  that  any  person  summoned  as  a  juror  upon  any  such  trial  has 
been  so  convicted,  or  is  engaged  in  such  unlawful  sale  or  keeping,  or  is  be- 
lieved to  have  been  so  convicted,  or  to  be  so  engaged,  it  shall  be  the  duty  of 
the  court  to  examine  such  person  upon  oath  in  relation  thereto ;  and  no 
answer  that  he  may  make  shall  be  used  against  him  in  any  action  or  prose- 
cution which  may  be  commenced  against  him  under  any  provision  of  this 
Act,  except  for  perjury  on  such  examination;  but  he  may  decline  to  answer, 
in  which  case  he  shall  be  discharged  as  a  juryman  on  such  trial.  No  per- 
son shall  maintain  an  action  to  recover  the  value  or  possession  of  any  intoxi- 
cating liquor  sold  or  kept  by  him  which  shall  be  purchased,  taken, 
detained,  or  injured  by  any  other  person,  unless  he  shall  prove  that  such 
liquor  was  sold  according  to  the  provisions  of  this  Act,  or  was  lawfully  kept 
and  owned  by  him. 

SEC.  17.  PROOF  OF  SALE. — Upon  the  trial  of  any  complaint  commenced 
under  any  provision  of  this  Act,  proof  of  the  sale  of  liquor  shall  be  sufficient 
to  sustain  an  averment  of  an  unlawful  sale,  and  proof  of  delivery  shall  be 
prima  facie  evidence  of  sale.  No  evidence  shall  be  received  in  justification 
of  such  sale  under  the  2d  section,  unless  the  defendant  in  his  plea  or  answer 
shall  have  avowed  such  sale  under  said  section,  and  shall  have  accompanied 
such  plea  or  answer  with  an  affidavit,  or  affirmation,  that  at  the  time  of  such 
sale  he  verily  believed  that  the  liquor  sold  was  intended  by  the  purchaser  to 
be  actually  used  in  some  other  way  than  as  a  beverage,  and  not  to  be  sold, 
disposed  of,  or  given  away,  or  used  on  the  premises,  or  that  such  purchaser 
was  duly  authorized  to  sell  liquor  as  provided  by  the  2d  section  of  this  Act, 
as  the  case  may  be,  and  also  setting  forth  the  circumstances  of  such  sale, 
and  the  reasons  upon  which  such  belief  was  founded. 

SEC.  18.  TRANSPORTATION  OF  LIQUOR. — No  person  or  corporation  shall 
knowingly  carry  or  transport  any  liquor  within  this  State,  from  any  place 
within  the  United  States,  and  no  person  shall  knowingly  deliver  any  liquor 
to  any  other  person  or  to  any  corporation  for  the  purpose  of  being  so  car- 
ried or  transported,  unless  the  name  and  place  of  business  or  residence  of 
the  person  to  whom  the  same  is  to  be  conveyed,  together  with  the  words  "  in- 
toxicating liquor,"  are  visibly  and  distinctly  marked  on  the  outside  package 
or  cask  in  which  the  same  is  contained.  But  this  section  shall  not  apply  to 
the  carrying  of  liquor  in  quantities  of  five  gallons  or  less  to  any  place  with- 
in the  county  in  which  the  same  was  sold,  or  within  an  adjoining  county. 
Any  person  or  corporation  offending  against  any  provision  of  this  section 
shall  be  liable  to  a  penalty  of  fifty  dollars,  to  be  sued  for  and  recovered  by 
and  in  the  name  of  any  person  who  shall  first  commence  an  action  therefor. 
No  person,  for  himself  or  as  agent  for  any  company,  or  corporation,  engaged 
in  the  carrying  either  of  persons  or  property,  shall  act  as  agent  for  any  per- 
son for  the  purchase  of  any  liquors,  other  than  those  authorized  by  this  Act 
386 


OF  NEW  YORK. 


to  sell  the  same,  while  engaged  in  such  carrying  trade.  Whoever  shall  vio- 
late this  provision  shall  be  liable  to  a  penalty  of  one  hundred  dollars,  as 
herein  provided,  to  be  sued  for  and  recovered  in  the  same  manner  as  is  pro- 
vided for  violations  of  section  1st  of  this  Act. 

SEC.  19.  THE  PENITENTIARY  OK  THE  COMMON  JAIL. — In  any  county 
in  which  there  now  is,  or  hereafter  may  be  a  penitentiary,  the  court  before 
•which  any  conviction  is  had  for  an  offense  against  any  provision  of  this  Act, 
may,  in  its  discretion,  sentence  and  commit  the  person  convicted  to  such  pen- 
itentiary, instead  of  the  jail  of  such  county,  and  whenever  the  punishment 
under  any  provision  of  this  Act  is  imprisonment  or  commitment,  it  shall 
be  a  commitment  to  the  penitentiary  or  county  jail,  without  the  liberties 
thereof. 

SEC.  20.  PENALTY  FOR  NEGLECT  OF  DUTY  IN  PUBLIC  OFFICES. — Every 
public  officer  who  shall  neglect  or  refuse  to  perform  any  duty  required  of 
him  by  any  section  of  this  Act,  shall,  upon  conviction  thereof,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment ;  such  conviction  shall  work  a  forfeiture  of  office  in 
all  cases,  except  those  of  judicial  officers.  Any  person  who  shall  directly  or 
indirectly  oppose  or  resist  any  officer,  or  any  one  called  by  him  to  his  aid  in 
the  execution  of  any  duty  under  this  Act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  punished  by  a  fine  of  not  less  than  two  hundred  dollars,  and 
by  imprisonment  not  less  than  six  months.  The  existing  provisions  of  law 
relative  to  misdemeanors  and  offenses  shall  apply  to  offenses  created  by  this 
Act,  except  where  the  same  are  inconsistent  therewith. 

SEC.  21.  FEES  AND  COSTS. — There  shall  be  allowed  and  included  in  every 
judgment  for  costs  for  the  following  services  rendered  under  the  provisions 
of  this  Act,  the  following  fees,  which  shall  be  audited  and  paid  in  the  same 
manner  as  fees  in  other  criminal  cases,  and  whenever  judgments  shall  be 
rendered  for  costs,  there  shall  be  included  therein  fees  for  such  prospective 
services  as  shall  be  necessary  to  enforce  such  judgments ;  and  when  no  fees 
are  herein  provided,  the  same  fees  as  are  now  provided  in  criminal  cases  for 
similar  services.  To  any  magistrate  performing  the  following  services  :  For 
every  warrant  or  summons  of  any  kind,  twenty -five  cents.  For  the  trial  of 
any  claim,  one  dollar  for  each  day  actually  engaged  herein.  For  a  certif- 
icate of  conviction,  frwe.nty-five  cents.  For  taking  and  certifying  complaint 
to  another  magistrate,  fifty  cents.  Magistrates  not  authorized  by  law  to  re- 
ceive fees  to  their  own  use,  shall  pay  over  all  fines  received  by  them  under 
the  provisions  of  this  Act  to  the  treasurer  of  the  county  in  which  they  are 
received.  To  any  sheriff  or  other  officer  performing  the  following  services  : 
For  serving  summons  for  witnesses,  for  each  person  served,  twenty-five  cents. 
For  executing  any  warrant  of  search,  or  making  any  seizure  without  pro- 
cess, one  dollar.  For  conveying  liquor  seized  to  place  of  storage,  fifty  cents, 
besides  necessary  expenses  of  labor,  cartage,  and  storage.  For  executing 
warrant  for  destruction  of  forfeited  liquor,  besides  actual  expenses,  one  dol- 
lar. For  conveying  certified  complaint  to  any  magistrate,  twenty-five  cents. 
For  every  mile  necessarily  traveled  more  than  one,  in  performing  any  of  the 
above  services,  six  cents.  To  the  person,  other  than  the  complainant  sum- 
moned to  witness  the  destruction  of  forfeited  liquor,  for  witnessing  such  de- 
struction, and  joining  with  the  officer  in  making  proof  thereof,  one  dollar. 
To  any  supervisor,  or  superintendent  of  the  poor,  or  overseer  of  the  poor, 
two  dollars  for  each  day  in  which  he  is  necessarily  and  actually  engaged  in 
attending  to  any  complaint  or  prosecution,  and  six  cents  for  each  mile  nec- 
essarily traveled, 

387 


PROHIBITORY  LAW  OF  NEW  YORK. 


SEC.  22.  SALE  OF  CIDER. — Nothing  in  this  Act  shall  be  construed  so  as 
to  prevent  the  sale  of  cider,  in  quantities  not  less  than  ten  gallons.  But  no 
cider  so  sold  shall  be  drunk  on  the  premises  of  the  seller ;  and  any  such 
drinking,  or  a  repurchase  by  the  seller  of  a  portion  of  the  cider  sold  by  him, 
shall  subject  him  to  the  penalties  provided  in  section  3d  of  this  Act.  Nor 
shall  this  Act  be  construed  so  as  to  prevent  the  manufacturer  of  alcohol,  or 
of  pure  vine  from  grapes  grown  by  him,  from  keeping  or  from  selling  such 
alcohol  or  wine,  nor  the  importer  of  foreign  liquors  from  keeping  or  selling 
the  same  in  the  original  packages,  to  any  person  authorized  by  this  Act  to 
Bell  such  liquors.  Nor  shall  any  provisions  of  this  Act  be  construed  to  pro- 
hibit the  manufacture  or  keeping  for  sale,  nor  from  selling  burning  fluids  of 
any  kind,  perfumery,  essences,  drugs,  varnishes,  nor  any  other  article  which 
may  be  composed  in  part  of  alcohol,  or  other  spirituous  liquors,  if  not  adapt- 
ed to  use  as  a  beverage,  nor  intended  to  be  used  as  a  beverage,  or  in  evasion 
of  this  Act ;  nor  shall  it  be  lawful  to  seize,  sell,  or  destroy  any  liquors  de- 
posited or  found  in  any  bonded  warehouse  within  the  limits  of  this  State, 
nor  prevent  any  liquors  imported  into  the  United  States  from  being  taken 
from  any  such  bonded  warehouse  to  any  place  beyond  the  limits  of  this  State. 
The  term  "  intoxicating  liquor,"  and  "  liquor,"  as  used  in  this  Act,  shall  be 
construed  to  extend  to  and  include  alcohol,  distilled  and  malt  liquors,  and 
all  liquors  that  can  intoxicate,  and  all  drugged  liquors,  and  mixed  liquors, 
part  of  which  is  alcohol,  distilled,  or  malt  liquor. 

SEC.  23.  CHARGE  TO  GRAND  JURY. — It  shall  be  the  duty  of  the  presid- 
ing judge  of  every  court  of  oyer  and  terminer,  and  of  every  court  of  ses- 
sions, specially  to  charge  every  grand  jury  to  inquire  into  all  violations  of, 
or  offenses  under,  this  Act. 

SEC.  24.  REPEAL.  OF  FORMER  ACTS. — All  acts  and  parts  of  acts,  and  all 
charters  and  parts  of  charters,  inconsistent  with  this  Act,  are  hereby  re- 
pealed. But  no  suit  commenced,  or  indictment  found,  before  this  Act  takes 
effect,  shall  in  any  manner  be  affected  thereby. 

SEC.  25.  LICENSES  ABOLISHED. — No  license  to  sell  liquor,  except  as  here- 
in provided,  shall  hereafter  be  granted.  All  liquor  kept  in  violation  of  any 
provision  or  provisions  of  this  Act,  shall  be  deemed  and  is  hereby  declared 
to  be  a  public  nuisance. 

SEC.  26.  WHEN  TO  TAKE  EFFECT. — The  2d  section  of  this  Act  shall  take 
effect  on  the  first  day  of  May  next ;  section  25th  shall  take  effect  immedi- 
ately, and  all  other  parts  thereof  on  the  fourth  day  of  July  next. 
388 


THE 

PROHIBITORY   LIQUOR   LAW 

OF 

• 

OHIO. 


AN  ACT  TO  PROVIDE  AGAINST  THE  EVILS  RESULTING  FROM  THE 
SALE  OF  INTOXICATING  LIQUORS  IN  THE  STATE  OF  OHIO. 

SEC.  1.  SALE  OF  LIQUORS.— Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Ohio,  that  it  shall  be  unlawful  for  any  person  or  persons,  by 
agent  or  otherwise,  to  sell,  in  any  quantity,  intoxicating  liquors,  to  be  drank 
in,  upon,  or  about  the  building  or  premises  where  sold,  or  to  sell  such  in- 
toxicating liquors,  to  be  drank  in  any  adjoining  room,  building,  or  premises, 
or  other  place  of  public  resort  connected  with  said  building. 

SEC.  2.  SALE  TO  MINORS.— That  it  shall  be  unlawful  for  any  person  or 
persons,  by  agent  or  otherwise,  to  sell  intoxicating  liquors  to  minors,  unless 
upon  the  written  order  of  their  parents,  guardians,  or  family  physician. 

SEC.  3.  SALE  TO  PERSONS  INTOXICATED  OR  TO  HABITUAL  DRUNKARDS. 
— That  it  shall  be  unlawful  for  any  person  or  persons,  by  agent  or  other- 
wise, to  sell  intoxicating  liquors  to  persons  intoxicated,  or  who  are  in  the 
habit  of  getting  intoxicated. 

SEC.  4.  PLACES  WHERE  LIQUOR  is  ILLEGALLY  SOLD,  COMMON  NUI- 
SANCES.— That  all  places  where  intoxicating  liquors  are  sold  in  violation  of 
this  Act,  shall  be  taken,  held,  and  declared  to  be  common  nuisances,  and  all 
rooms,  taverns,  eating-houses,  bazaars,  restaurants,  groceries,  coflfee-houses, 
cellars,  or  other  places  of  public  resort,  where  intoxicating  liquors  are  sold 
in  violation  of  this  Act,  shall  be  shut  up  and  abated  as  public  nuisances, 
upon  the  conviction  of  the  keeper  thereof,  who  shall  be  punished  as  herein- 
after provided. 

SEC.  5.  PERSONS  FOUND  INTOXICATED. — That  it  shall  be  unlawful  for 
any  person  to  get  intoxicated,  and  every  person  found  in  a  state  of  intoxi- 
cation, shall,  upon  conviction  thereof,  be  fined  in  the  sum  of  five  dollars,  and 
imprisoned  in  the  county  jail  not  more  than  three,  nor  less  than  one  day, 
and  pay  the  costs  of  prosecution. 

SEC.  6.  LIQUOR  SELLER  RESPONSIBLE  FOR  EFFECTS  PRODUCED. — That 
every  person  who  shall,  by  the  sale  of  intoxicating  liquors,  contrary  to  this 
Act,  cause  the  intoxication  of  any  other  person,  such  person  or  persons  shall 
be  liable  for,  and  compelled  to  pay  a  reasonable  compensation  to,  any  per- 
son who  may  take  charge  of,  and  provide  for  such  intoxicated  person,  and 
one  dollar  per  day  in  addition  thereto,  for  every  day  such  intoxicated  per- 
eon  shall  be  kept,  in  consequence  of  such  intoxication,  which  sums  may  be 
recovered  in  a  civil  action,  before  any  court  having  jurisdiction  thereof. 

389 


PROHIBITORY  LAW 


SEC.  7.  RIGHT  OF  ACTION  IN  INJURED  PARTIES. — That  every  wife,  child, 
parent,  guardian,  employer,  or  other  person,  who  shall  be  injured  in  person 
or  property,  or  means  of  support,  by  any  intoxicated  person,  or  in  conse- 
quence of  the  intoxication,  habitual  or  otherwise,  of  any  person,  such  wife, 
child,  parent,  guardian,  employer,  or  other  person,  shall  have  a  right  of  ac- 
tion in  his  or  her  own  name,  against  any  person  who  shall,  by  selling  intox- 
icating liquors  contrary  to  this  Act,  have  caused  the  intoxication  of  such 
person,  for  all  damages  actually  sustained,  as  well  as  exemplary  damages  ; 
and  a  married  woman  shall  have  the  same  right  to  bring  suits,  prosecute, 
and  control  the  same,  and  the  amount  recovered,  the  same  as  if  a  femme  sole, 
and  all  damages  recovered  by  a  minor,  under  this  Act,  shall  be  paid,  either 
to  such  minor,  or  to  his  or  her  parent,  guardian,  or  next  friend,  as  the 
court  shall  direct,  and  all  suits  for  damages  under  this  Act,  shall  be 
by  a  civil  action,  in  any  of  the  courts  of  this  State  having  jurisdiction 
thereof. 

SEC.  8.  FORFEITURES  AND  IMPRISONMENT. — That  for  every  violation 
of  the  provisions  of  the  1st,  2d,  and  3d  sections  of  this  Act,  every  person  so 
offending  shall  forfeit  and  pay  a  fine  of  not  less  than  twenty,  nor  more  than 
fifty  dollars,  and  be  imprisoned  in  the  jail  of  the  county  for  not  less  than 
ten,  nor  more  than  thirty  days,  and  pay  the  costs  of  prosecution,  and  for 
every  violation  of  the  provisions  of  the  4th  section  of  this  Act,  every  person 
convicted  as  the  keeper  of  any  of  the  places  therein  declared  to  be  nuisances, 
shall  forfeit  and  pay  a  fine  of  not  less  than  fifty,  nor  more  than  one  hundred 
dollars,  and  be  imprisoned  in  the  jail  of  the  county  for  not  less  than  twenty, 
nor  more  than  fifty  days,  and  pay  the  costs  of  prosecution,  and  such  place 
or  places  so  kept  by  such  person  or  persons  so  convicted,  shall  be  shut  up  and 
abated,  upon  the  order  of  the  court  before  whom  such  conviction  may  be 
had,  until  such  time  as  such  person  or  persons,  keeping  such  place  or  places, 
shall  give  bond  and  security  to  the  acceptance  of  said  court,  in  the  penal 
sum  of  one  thousand  dollars,  payable  to  the  State  of  Ohio,  conditioned  that 
he,  she,  or  they  will  not  sell  intoxicating  liquors  contrary  to  the  laws  of  this 
State,  and  will  pay  all  fines,  costs,  and  damages  assessed  against  such  keep- 
er or  keepers,  for  any  violation  thereof,  and  in  case  of  a  forfeiture  of  such 
bond,  suit  may  be  brought  thereon,  for  the  use  of  any  person  interested,  or 
for  the  use  of  the  county,  in  case  of  a  fine,  or  costs  due  such  county  ;  pro- 
vided, that  the  provisions  of  the  1st  and  4th  sections  of  this  Act  shall  not  ex- 
tend to  the  sale  of  the  wine  manufactured  of  the  pure  juice  of  the  grape 
cultivated  in  this  State,  or  beer,  ale,  or  cider. 

SEC.  9.  GIVING  AWAY  LIQUOR  ILLEGAL. — That  the  giving  away  of  in- 
toxicating liquors,  or  other  shift  or  device  to  evade  the  provisions  of  this 
Act,  shall  be  deemed  and  held  to  be  an  unlawful  selling  within  the  provisions 
of  this  Act. 

SEC.  10.  PREMISES  HELD  LIABLE. — That  for  all  fines  and  costs  assessed 
against  any  person  or  persons,  for  any  violation  of  this  Act,  the  real  estate 
and  personal  property  of  such  person  or  persons,  of  every  kind,  without  ex- 
emption, shall  be  liable  for  the  payment  thereof;  and  all  such  fines  and  costs, 
shall  be  a  lien  upon  such  real  estate  until  paid.  And  in  case  any  person  or 
persons  shall  rent  or  lease  any  building  or  premises,  and  knowingly  suffer 
the  same  to  be  used  and  occupied  for  the  sale  of  intoxicating  liquors,  contrary 
to  this  Act,  such  building  and  premises  so  leased  and  occupied  shall  be  held 
liable  for,  and  may  be  sold  to  pay  all  fines  and  costs  assessed  against  the  per- 
son occupying  such  building  or  premises,  for  any  violation  of  this  Act ;  and 
in  case  such  building  or  premises  belong  to  any  minor,  insane  person,  or  idiot, 
the  guardian  or  guardians  of  such  minor  or  minors,  or  insane  person,  or  idiot, 
390 


OF  OHIO. 


who  has  control  of  such  building  or  premises,  shall  be  liable  for,  and  account 
to  such  ward  or  wards,  insane  person,  or  idiot,  for  all  damages,  in  conse- 
quence of  the  .use  and  occupation  of  such  building  and  premises,  and  liabil- 
ities for  such  fines  and  costs,  as  aforesaid. 

SEC.  11.  PROSECUTIONS  IN  THE  NAME  OF  THE  STATE. — That  all  pros- 
ecutions under  this  Act  shall  be  in  the  name  of  the  State  of  Ohio,  and  shall 
be  commenced  upon  a  written  complaint  under  oath  or  affirmation  before  any 
justice  of  the  peace  of  the  county  in  which  said  offense  was  committed,  or 
mayor  of  any  incorporated  town,  village,  or  city,  or  by  information,  or  in- 
dictment, as  may  be  provided  by  law  for  the  prosecution  of  offenses,  the 
punishment  of  which  is  not  capital,  or  imprisonment  in  the  penitentiary ; 
and  upon  the  filing  of  such  complaint  with  such  justice  of  the  peace  or  mayor 
as  aforesaid,  such  justice  of  the  peace  or  mayor  shall  forthwith  issue  a  war- 
rant directed  to  the  proper  officer  for  the  arrest  of  the  person  or  persons 
charged  with  a  violation  of  the  provisions  of  this  Act,  and  such  officer  shall 
forthwith  arrest  the  person  or  persons  named  in  said  warrant,  and  bring 
him  or  them  before  the  justice  of  the  peace  or  mayor  issuing  said  warrant, 
and  upon  the  return  of  said  warrant  served,  such  justice  of  the  peace  or 
mayor  shall  proceed  to  inquire  into  the  truth  of  such  complaint,  unless  for 
good  cause  shown  a  continuance  is  granted  at  the  instance  of  either  party ; 
and  in  case  the  continuance  of  said  action  as  aforesaid,  the  defendant  or 
defendants  shall  enter  into  a  recognizance  to  the  State  of  Ohio  in  such  sum 
as  the  justice  of  the  peace  or  mayor  may  deem  reasonable,  with  security  to 
the  acceptance  of  such  justice  or  mayor,  conditioned  for  the  appearance  of 
said  defendant  or  defendants  at  the  time  fixed  for  the  hearing  of  said  com- 
plaint, and  in  default  of  such  defendant  or  defendants  giving  such  recog- 
nizance as  aforesaid,  the  defendant  or  defendants  shall  be  committed  to  the 
jail  of  the  county,  to  be  safely  kept  until  the  time  fixed  for  the  hearing  of 
said  complaint ;  and  if  the  parties  so  recognized  shall  not  appear  at  the  time 
set  for  said  trial,  the  recognizance  so  given  by  him  or  them  shall  be 
forfeited  by  such  justice  of  the  peace  or  mayor,  and  such  officer  shall  enter 
such  forfeiture  upon  said  recognizance,  and  also  upon  his  docket,  and  there- 
upon such  justice  or  mayor  shall  forthwith  proceed  to  collect  the  penalty  of 
said  recognizance  by  instituting  an  action  thereon  and  proceeding  with  the 
same  to  final  judgment ;  and  when  the  same  is  collected  after  paying  the 
costs  of  such  collection  such  justice  or  mayor  shall  pay  over  the  balance  to 
the  township,  city,  or  incorporated  village  treasurer  for  the  support  of  com- 
mon schools ;  and  in  all  cases  of  prosecution  before  justices  of  the  peace,  or 
mayors,  if  such  officer  finds  the  complaint  to  be  true,  he  shall  recognize  such 
defendant  or  defendants  to  answer  said  charge,  as  in  other  criminal  prose- 
cutions of  like  grades ;  provided,  that  if  such  defendant  or  defendants  shall 
plead  guilty,  such  officer  may  affix  the  penalty  and  proceed  to  judgment ; 
and  in  such  case,  said  officer  shall  immediately  issue  an  execution  against 
the  property  and  body  of  the  defendant,  for  the  fine  and  costs,  unless  paid 
or  secured,  and  said  defendant  shall  not  be  discharged  until  said  judgment 
and  costs  shall  be  fully  paid,  or  secured  to  be  paid. 

SEC.  12.  FORM  OF  COMPLAINT. — The  following  form  of  complaint  shall 
be  sufficient  in  criminal  proceedings,  before  justices  of  the  peace,  or  mayors, 
under  this  Act,  when  applicable,  but  may  be  varied  to  suit  the  nature  of  the 
case,  namely : 

State  of  Ohio,  County,  ss.     Before  me,  A.  B.  (a  justice  of 

the  peace  for  said  county,  or  mayor  of,  etc.,  as  the  case  may  be),  personally 
came  C.  D.,  who  being  duly  sworn  according  to  law,  deposeth  and  saith,  tha't 

391 


PROHIBITORY  LAW  OF   OHIO. 


on,  or  about  the  day  of  ,  in  the  year  , 

at  the  county  of  ,  aforesaid,  E.  F.  did  sell  intoxicating  liquors 

to  one  G.  H.,  to  be  drank  in  the  place  where  sold,  (or  to  G.  H.,  a  minor,  etc., 
or  a  person  intoxicated,  or  in  the  habit  of  getting  intoxicated,  as  the  case 
may  be,  or  is  the  keeper  of  a  room,  or  tavern,  as  the  case  may  be,  where  in- 
toxicating liquors  are  sold  in  violation  of  law),  and  further  saith  not. 

Signed.  C.  D. 

Sworn  to,  and  subscribed  before  me,  this  day  of  , 

A.D.  .  A.  B.,  Justice,  or  Mayor,  etc. 

SEC.  13.  INTOXICATING  LIQUOR  THE  ONLY  NECESSARY  DESCRIPTION.— 
In  all  prosecutions  under  this  Act,  by  indictment  or  otherwise,  it  shall  not  be 
necessary  to  state  the  kind  of  liquor  sold,  or  to  describe  the  place  where  sold ; 
and  for  any  violation  of  the  4th  section  it  shall  not  be  necessary  to  state  the 
name  of  any  person  to  whom  sold ;  and  in  all  cases,  the  person  or  persons  to 
whom  intoxicating  liquors  shall  be  sold,  in  violation  of  this  Act,  shall  be 
competent,  as  witnesses,  to  prove  such  fact,  or  any  other  tending  thereto. 

SEC.  14.  REPEAL,  OF  FORMER  ACTS. — That  "  An  Act  to  Restrain  the  Sale 
of  Spirituous  Liquors,"  passed  March  12,  1851,  and  "  An  Act  Further  De- 
fining the  Powers  of  Trustees  of  Townships,"  passed  March  12, 1853,  be,  and 
the  same  are  hereby  repealed ;  provided,  that  all  suits  and  prosecutions 
pending  under  said  Acts,  or  previous  violations  thereof,  shall  be  prosecuted 
under  said  Acts,  the  same  as  before  the  passage  of  this  Act. 

F.  C.  LEBLOND, 
Speaker  of  the  House  of  Representatives. 

JAMES  MYERS. 
President  of  the  Senate. 
May  1st,  1854. 
392 


THE 

PROHIBITORY   LIQUOR   LAW 

OP 

PENNSYLVANIA. 


AN  ACT  TO  RESTRAIN  THE  SALE  OP  INTOXICATING  LIQUORS. 

SEC.  1.  DRINKING  HOUSES. — REPEAL  OF  FORMER  ACTS. — Be  it  enacted 
by  the  Senate  and  House  of  Representatives  of  the  Commonwealth  of  Penn- 
sylvania, in  General  Assembly  met,  and  it  is  hereby  enacted  by  the  authority 
of  the  same,  that  from  and  after  the  first  day  of  October  next  it  shall  be 
unlawful  to  keep  or  maintain  any  house,  room,  or  place  where  vinous,  spir- 
ituous, malt,  or  brewed  liquors,  or  any  admixtures  thereof  are  sold  or 
drank,  except  as  hereinafter  provided ;  and  all  laws  or  parts  of  laws  incon- 
sistent with  the  provisions  of  this  Act  be,  and  the  same  are,  hereby  repealed. 

SEC.  2.  SELLING  AND  KEEPING  FOR  SALE  A  MISDEMEANOR.  —  That 
if  any  person  or  persons  within  this  Commonwealth  shall  keep  for  sale  and 
sell,  or  in  connection  with  any  other  business  or  profitable  employment,  give, 
receiving  therefor  any  price,  profit,  or  advantage  by  any  measure  whatever, 
and  at  the  same  time  voluntarily  afford  a  place,  or  any  other  convenience 
or  inducement  by  which  the  same  may  be  used  as  a  beverage,  any  vinous, 
spirituous,  malt,  or  brewed  liquor,  or  any  admixture  thereof,  he,  she,  or 
they,  and  any  one  aiding,  abetting,  or  assisting  therein,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  sentenced  to  pay  a 
fine  not  exceeding  fifty  dollars,  and  undergo  imprisonment  not  exceeding  one 
month ;  and  for  a  second  or  any  subsequent  offense,  shall  pay  a  fine  not 
exceeding  one  hundred  dollars,  and  undergo  imprisonment  not  exceeding 
three  months. 

SEC.  3.  LANDLORD  AND  TENANT  :  WHEN  BOTH  ARE  LIABLE  — That 
if  two  or  more  persons  conspire  or  act  together  by  which  one  may  sell  and 
the  other  provide  a  place  or  other  convenience  for  drinking,  with  intent  to 
evade  the  provisions  of  this  Act,  each  one  so  offending,  upon  conviction,  shall 
be  punished  as  provided  in  the  2d  section  of  this  Act. 

SEC.  4.  AUTHORIZED  SALE  OF  LIQUORS  BY  CITIZENS. — That  it  shall 
be  unlawful  for  any  person  to  sell  or  keep  for  sale  any  vinous,  spirituous, 
malt,  or  brewed  liquors,  or  any  admixture  thereof,  in  cases  not  hereinbefore 
prohibited,  in  a  less  quantity  than  one  quart,  nor  without  license  granted 
by  the  court  of  quarter  sessions  of  the  proper  county  on  petition  presented 
for  that  purpose,  to  be  advertised  according  to  the  1st  section  of  the  Act  of 
the  twenty-ninth  March,  one  thousand  eight  hundred  and  forty-one,  sup- 
plementary to  the  various  Acts  relating  to  tavern  licenses ;  but  no  such 
license  shall  be  granted  to  other  than  citizens  of  the  United  States  of  tem- 
perate habits  and  good  repute  for  honesty ;  provided,  that  no  certificate 

17*  393 


PROHIBITORY  LAW 


shall  be  required  or  published  as  mentioned  in  the  Act  herein  referred  to ; 
provided,  that  no  license  for  the  sale  of  liquors,  as  aforesaid,  shall  be  grant- 
ed to  the  keeper  of  any  hotel,  inn,  tavern,  restaurant,  eating-house,  oyster- 
house,  or  cellar,  theater,  or  other  places  of  entertainment,  amusement,  or 
refreshment ;  provided  further,  that  so  much  of  any  Act  or  Acts  of  Assem- 
bly as  requires  a  license  from  a  city  or  county  treasurer  to  authorize  the 
sale  of  spirituous,  vinous,  or  malt  liquors,  be,  and  the  same  is,  hereby 
repealed. 

SEC.  5.  LICENSES  TO  SELL. — That  the  said  court,  by  their  rule,  shall 
fix  a  time  at  which  applications  for  said  licenses  shall  be  heard,  at  which 
time  all  persons  making  objections  shall  be  heard. 

SEC.  6.  BOND  FOR  AUTHORIZED  SELLERS. — That  it  shall  not  be  lawful 
for  the  clerk  of  said  court  to  issue  any  license  as  aforesaid  until  the  appli- 
cant shall  have  filed  the  bond  hereinafter  required  and  the  certificate  of  the 
city  receiver  or  county  treasurer  that  the  license  fee  has  been  paid  to  him. 

SEC.  7.  APPRAISERS  OF  LICENSES. — That  the  appraisers  of  licenses 
under  this  Act  shall  be  appointed  as  provided  by  existing  laws,  except  in 
the  city  of  Philadelphia,  where,  on  the  passage  of  this  Act  and  thereafter, 
at  the  beginning  of  every  year,  three  reputable  and  temperate  persons  shall 
be  appointed  by  the  court  of  quarter  sessions  to  appraise  dealers  in  spirit- 
uous, vinous,  malt,  or  brewed  liquors  aforesaid,  and  of  distillers  and 
brewers,  and  to  do  and  perform  all  duties  now  enjoined  by  law  not  incon- 
sistent herewith  ,  and  said  appraisers  shall  be  citizens  of  the  United  States, 
in  no  manner  connected  with  or  interested  in  the  liquor  business,  and  shall 
be  compensated  as  now  provided  by  law. 

SEC.  8.  COST  OF  LICENSES. — That  no  license  shall  be  granted  without 
the  payment  to  the  receiver  of  taxes  in  the  city  of  Philadelphia,  or  to  the 
treasurers  of  the  other  counties  of  the  State,  for  the  use  of  the  Common- 
wealth, three  times  the  amount  now  fixed  by  law  to  be  paid  by  venders  of 
spirituous,  vinous,  or  malt  liquors,  or  brewers  and  distillers ;  provided, 
that  no  license  shall  be  granted  for  a  less  sum  than  thirty  dollars. 

SEC.  9.  AMOUNT  OF  BOND. — That  the  bond  required  to  be  taken  of  all 
persons  who  shall  receive  a  license  to  sell  spirituous,  vinous,  malt,  or  brewed 
liquors,  or  any  admixture  thereof,  shall  be  in  one  thousand  dollars,  con- 
ditioned for  the  faithful  observance  of  all  the  laws  of  this  Commonwealth 
relating  to  the  business  of  vending  such  liquors,  with  two  sufficient 
sureties,  and  warrant  of  attorney  to  confess  judgment,  which  bond  shall  be 
approved  by  one  of  the  judges  of  the  court  of  quarter  sessions  of  the  peace 
of  the  proper  county,  and  to  be  filed  in  said  court ;  and  whenever  a  judg- 
ment for  any  forfeiture  or  fine  shall  have  been  recovered  against  the  princi- 
pal therein,  it  shall  be  lawful  for  the  district  attorney  of  the  proper  county 
to  enter  judgment  against  the  obligors  in  the  said  bond,  and  proceed  to  col- 
lect the  same  of  the  said  principal  or  sureties. 

SEC.  10.  EXHIBITION  OF  LICENSE. — That  every  person  licensed  to  sell 
spirituous,  vinous,  or  malt  liquors,  as  aforesaid,  shall  frame  his  license 
under  glass,  and  place  the  same  so  that  it  may  at  all  times  be  conspicuous 
in  his  chief  place  of  making  sales,  and  no  license  shall  authorize  sales  by 
any  person  who  shall  neglect  this  requirement,  nor  shall  any  license  author- 
ize the  sale  of  any  spirituous,  vinous,  or  malt  liquors  on  Sunday. 

SEC.  11.  ILLEGAL  SALE  OF  LIQUORS. — That  any  sale  made  of  any 
spirituous,  vinous,  or  malt  liquor  contrary  to  this  Act  shall  be  taken  to  be 
a  misdemeanor,  and  upon  conviction  of  the  offense  in  the  court  of  quarter 
sessions  of  the  proper  county,  shall  be  punished  in  the  manner  prescribed 
by  the  2d  section  of  this  Act. 
394 


OF  PENNSYLVANIA. 


SEC.  12.  IMPORTERS  AND  AUCTIONEERS. — That  the  provisions  of  this 
Act  as  to  appraisement  and  license  shall  not  extend  to  importers  who  shall 
vend  or  dispose  of  said  liquors  in  the  original  cases  or  packages  as  imported, 
nor  to  duly  commissioned  auctioneers  selling  at  public  vendue  or  outcry, 
nor  to  domestic  producers,  brewers,  or  distillers  selling  in  quantities  of  not 
less  than  five  gallons,  nor  shall  any  thing  herein  contained  prohibit  the  sale 
by  druggists  of  any  admixture  of  intoxicating  liquors  as  medicine. 

SEC.  13.  DUTIES  OF  CONSTABLES. — That  it  shall  be  the  duty  of  every 
constable  of  every  town,  borough,  township,  or  ward  within  this  Common- 
wealth, at  every  term  of  the  court  of  quarter  sessions  of  each  respective 
county  to  make  return,  on  oath  or  affirmation,  whether,  within  his  knowl- 
edge, there  is  any  place  within  his  bailiwick  kept  and  maintained  in  viola- 
tion of  this  Act ;  and  it  shall  be  the  especial  duty  of  the  judges  of  said 
courts  to  see  that  this  return  is  faithfully  made ;  and  if  any  person  shall 
make  known  to  such  constable  the  name  or  names  of  any  one  who  shall  have 
violated  this  Act,  with  the  name  of  witness  who  can  prove  the  fact,  it  shall 
be  his  duty  to  make  return  thereof,  on  oath  or  affirmation,  to  the  court,  and 
upon  his  willful  failure  so  to  do,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  indictment  and  conviction  shall  be  sentenced  to  imprisonment  in 
the  jail  of  the  county  for  a  period  not  less  than  one  nor  more  than  three 
months,  and  pay  a  fine  not  exceeding  fifty  dollars. 

SEC.  14.  LICENSES  ALREADY  GRANTED. — That  this  Act  shall  not  inter- 
fere with  any  persons  holding  a  license  heretofore  granted  until  the  time 
for  which  the  same  was  granted  shall  have  expired ;  nor  shall  any  license 
which  may  be  granted  before  the  first  day  of  July  next  authorize  the  sale 
of  said  liquors,  or  admixtures  thereof,  after  the  first  day  of  October  next 
contrary  to  the  provisions  of  this  Act. 

HENRY  K.  STRONG, 
Speaker  of  the  House  of  Representatives. 
WILLIAM  M.  HEISTER, 
Speaker  of  the  Senate. 

Approved  on  the  fourteenth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  fifty-five. 

JAMES  POLLACK. 

HARRISBURG,  May  10th,  A.D.  1855,          ) 
Office  of  the  Secretary  of  the  Commonwealth,  j 
Pennsylvania,  ss. 

I  do  hereby  certify  that  the  foregoing  and  annexed  is  a  full,  true,  and 
correct  copy  of  the  original  Act  of  the  General  Asssembly  as  the  same  re- 
mains on  file  in  this  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  caused  the  seal 
of  the  secretary's  office  to  be  affixed,  the  day  and  year  above  written. 
[L.  S.]  JOHN  M.  SULLIVAN, 

Deputy  Secretary  of  the  Commonwealth. 

395 


THE 

PROHIBITORY   LIQUOR   LAW 

OF 

RHODE    ISLAND. 


AN  ACT  FOR  THE  MORE  EFFECTUAL  SUPPRESSION  OF  DRINKING 
HOUSES  AND  TIPPLING  SHOPS. 

Jt  is  enacted  by  the  General  Assembly  as  follows: 

SEC.  1.  MANUFACTURE  AND  SALE. — No  person  shall  be  allowed,  at  any 
time,  to  manufacture  or  sell,  or  suffer  to  be  manufactured  or  sold  by  any 
person,  or  keep,  or  suffer  to  be  kept  on  his  premises  or  possessions,  or  under 
his  charge,  for  the  purposes  of  sale,  any  ale,  wine,  rum,  or  other  strong  or 
malt  liquors,  or  any  mixed  liquors,  a  part  of  which  is  ale,  wine,  rum,  or 
other  strong  or  malt  liquors,  except  as  hereinafter  provided. 

SEC.  2.  TOWN  AND  CITY  AGENCY. — The  town  council  of  any  town  may, 
and  the  mayor  and  aldermen  of  any  city  shall,  annually  on  the  Monday 
next  following  the  annual  election  of  town  officers  in  any  town,  or  as  soon 
thereafter  as  may  be  convenient,  appoint  some  suitable  person  or  persons  as 
the  agent  or  agents  of  said  town,  to  sell  at  some  central  or  convenient  place 
within  said  town,  ale,  wine,  rum,  or  other  strong  or  malt  liquors,  to  be  used 
for  medicinal  and  mechanical  purposes  only ;  and  said  agent  shall  receive 
such  compensation  for  his  services,  and  shall  in  the  sale  of  such  liquors,  con- 
form to  such  rules  and  regulations,  as  the  town  council  as  aforesaid  shall 
prescribe.  Any  such  agent,  appointed  as  aforesaid,  shall  hold  his  situation 
for  one  year,  unless  sooner  removed  by  the  board  from  which  he  received  his 
appointment,  as  he  may  be  at  any  time,  at  the  pleasure  of  said  board ;  and 
in  case  of  a  vacancy  in  said  appointment,  by  such  removal  or  otherwise,  said 
board  may  appoint  some  other  person  to  such  agency  for  the  remainder  of 
the  year. 

SEC.  3.  SURETIES  OF  AGENT. — Every  such  agent  shall  receive  a  certificate 
from  the  board  by  whom  he  has  been  appointed,  authorizing  him,  as  the 
agent  of  such  town,  to  sell  ale,  wine,  rum,  or  other  strong  or  malt  liquors, 
for  medicinal  and  mechanical  purposes  only ;  but  such  certificate  shall  not  be 
delivered  to  the  person  so  appointed  until  he  shall  have  executed  and  deliv- 
ered to  said  board  a  bond  with  good  and  sufficient  sureties,  in  the  sum  of  six 
hundred  dollars,  in  substance  as  follows : 

Know  all  men,  that  we  as  principal,  and  as  sureties,  are 

holden  and  stand  firmly  bound  to  the  town  of  (or  city  of) 

(as  the  case  may  be),  in  the  sum  of  six  hundred  dollars,  to  be  paid  said 
town ;  to  which  payment  we  bind  ourselves,  our  heirs,  executors,  and  admin- 
396 


PROHIBITORY  LAW  OF  RHODE  ISLAND. 


istrators,  firmly  by  these  presents.     Sealed  with  our  seals,  and  dated  this 
day  of    *  A.D.  The  condition  of  this  obligation  is 

such,  that  whereas  the  above  bounden  has  been  duly  appointed  an 

agent  for  the  town  (or  city)  of  to  sell  within  and  for  and  on  account 

of  said  town  (or  city),  ale,  wine,  rum,  or  other  strong  or  malt  liquors,  for 
medicinal  and  mechanical  purposes  only,  until  the  day  of 

A.D.  ,  unless  sooner  removed  from  said  agency.     Now  if  the  said 

shall  in  all  respects,  conform  to  the  provisions  of  the  law  relating 
to  the  business  for  which  he  is  appointed,  and  to  such  rules  and  regulations, 
as  now  are,  or  shall  be,  from  time  to  time  established,  by  the  board  making 
the  appointment,  then  this  obligation  shall  be  void,  otherwise  it  shall  remain 
in  full  force. 

SEC.  4.  PENALTIES  TOR  SELLING. — If  any  person  shall  at  any  time  sell, 
or  suffer  to  be  sold  by  any  person,  any  ale,  wine,  rum,  or  other  strong  or 
malt  liquors,  or  any  mixed  liquors,  as  aforesaid,  in  violation  of  the  provisions 
of  this  Act,  he  shall  be  sentenced  on  the  first  conviction  to  pay  the  sum  of 
twenty  dollars  and  all  costs  of  prosecution  and  conviction,  and  to  be  impris- 
oned in  the  county  jail  for  ten  days,  and  on  the  second  conviction  he  shall  be 
sentenced  to  pay  the  sum  of  twenty  dollars  and  all  costs  of  prosecution  and 
conviction,  and  be  imprisoned  in  the  county  jail  three  calendar  months  ;  and 
on  the  third  and  every  subsequent  conviction  he  shall  be  sentenced  to  pay 
the  sum  of  twenty  dollars  and  all  costs  of  prosecution  and  conviction,  and  be 
imprisoned  in  the  county  jail  not  less  than  three  nor  more  than  six  calendar 
months,  and  in  each  case  to  stand  committed  until  sentence  be  performed  in 
all  its  parts.  And  if  any  person  shall  keep  or  suffer  to  be  kept  on  his  premises 
or  possessions,  or  under  his  charge,  for  the  purposes  of  sale,  in  violation  of 
the  provisions  of  this  Act,  any  ale,  wine,  rum,  or  other  strong  or  malt  liquors, 
or  any  mixed  liquors,  as  aforesaid,  he  shall,  on  conviction  thereof,  be  sentenced 
to  pay  the  sum  of  twenty  dollars  and  all  costs  of  prosecution  and  conviction, 
or  to  be  imprisoned  in  the  county  jail  for  thirty  days.  And  all  such  liquors 
so  kept  by  any  person  for  the  purposes  of  sale  in  violation  of  the  provisions 
of  this  Act,  shall  be  liable  to  be  seized,  together  with  the  casks,  or  other 
vessels  containing  them,  and  adjudged  forfeited,  upon  complaint  made,  and 
trial  had,  as  hereinafter  provided. 

SEC.  5.  DISTRIBUTION  OF  FINES. — All  prosecutions  for  offenses  under  the 
4th  section  of  this  Act,  shall  be,  by  complaint  and  warrant  in  the  name  of 
the  State,  before  any  justice  of  the  peace,  or  any  court  exercising  the  juris- 
diction of  a  justice  of  the  peace,  in  the  town  where  the  offense  was  commit- 
ted :  one  half  of  said  fine  to  and  for  the  use  of  the  complainant,  and  the 
other  half  thereof  to  and  for  the  use  of  the  State ;  and  the  prosecutor  and 
complainant,  by  waving  in  favor  of  the  State  his  portion  of  the  fine,  may  be 
admitted  as  a  witness  in  the  trial ;  and  no  judgment  rendered  upon  a  sub- 
sequent complaint  for  the  same  offense  shall  be  a  bar,  or  prevent  judgment 
upon  the  merits  being  rendered  on  any  prior  complaint,  and  the  pendency 
of  the  former  complaint  may  be  pleaded  in  bar  of  the  second  complaint. 

SEC.  6.  RIGHT  OF  APPEAL. — Any  person  convicted  before  a  justice  of  the 
peace,  or  a  court  exercising  the  jurisdiction  of  a  justice  of  the  peace,  of  any 
offense  under  the  4th  section  of  this  Act,  may  appeal  from  the  sentence  of 
the  justice  or  court,  to  the  court  of  common  pleas,  next  to  be  holden  in  the 
same  county,  after  ten  days ;  provided,  such  appeal  be  prayed  at  the  time 
of  passing  sentence ;  and  upon  such  prayer  the  appellant  shall  be  required 
to  give  recognizance,  in  the  sum  of  one  hundred  dollars,  with  good  and  suffi- 
cient sureties,  in  every  case  so  appealed,  conditioned,  that  he  will  file.  Ms 

397 


PROHIBITORY  LAW 


reasons  of  appeal,  together  with  a  copy  of  the  whole  case  in  the  court  ap- 
pealed to,  on  or  before  the  second  day  of  the  term  thereof,  as  aforesaid,  that 
he  will  appear  before  said  court,  and  there  prosecute  his  appeal  with  effect, 
and  abide  or  perform  the  order  or  sentence  of  said  court,  in  said  case,  and 
that  he  will  not,  during  the  pendency  of  such  appeal  violate  any  of  the  pro- 
visions of  this  Act,  which  recognizance  such  justice  or  court  shall  forthwith 
certify  to  said  court  of  common  pleas  ;  and  upon  the  neglect  of  said  appellant, 
to  give  such  recognizance,  he  shall  forthwith  be  committed  to  the  jail  in  the 
same  county,  there  to  remain  until  he  give  such  recognizance,  or  be  dis- 
charged by  order  of  law.  And  the  said  appeal  shall  be  in  said  court  of 
common  pleas  heard  and  tried,  and  the  judgment  or  sentence  therein  shall 
be  final. 

SEC.  7.  BREACH  OF  CONDITIONS  BY  AGENT. — The  town  council  of  any 
town,  whenever  complaint  shall  be  made  to  them  in  writing,  that  a  breach 
of  the  conditions  of  the  bond  given  by  any  agent  appointed  by  them  has  been 
committed,  shall  notify  the  person  complained  of,  and  if  upon  a  hearing  of 
the  parties  it  shall  appear  that  any  breach  has  been  committed,  they  shall 
revoke  and  make  void  his  appointment ;  and  the  town  treasurer  shall,  at  the 
expense  and  for  the  use  of  said  town,  cause  the  bond  to  be  put  in  suit,  in  any 
court  of  competent  jurisdiction,  unless  otherwise  directed  by  the  town 
council. 

SEC.  8.  PENALTIES  FOR  MANUFACTURING  AND  COMMON  SELLING. — No 
person  shall  be  allowed  to  manufacture  any  ale,  wine,  rum,  or  other  strong 
or  malt  liquors,  or  to  be  a  common  seller  thereof,  without  being  duly  appointed 
as  aforesaid,  on  pain  of  forfeiting  on  the  first  conviction,  the  sum  of  one  hun- 
dred dollars  and  costs  of  prosecution,  and  in  default  of  the  payment  thereof, 
the  person  so  convicted  shall  be  imprisoned  sixty  days  in  the  county  jail  of 
the  same  county  in  which  the  offense  was  committed ;  and  on  the  second  and 
on  every  subsequent  conviction,  the  person  so  convicted  shall  forfeit  and  pay 
the  sum  of  two  hundred  dollars  and  costs  of  prosecution  and  conviction,  and 
shall  be  imprisoned  four  months  in  said  county  jail ;  said  penalties  to  be  re- 
covered before  any  court  of  competent  jurisdiction,  by  indictment  in  the 
county  where  incurred,  one  half  of  said  forfeiture  to  and  for  the  use  of  the 
town  in  which  the  offense  shall  have  been  committed,  and  the  other  half 
thereof  to  and  for  the  use  of  the  State.  And  three  several  sales  of  ale, 
wine,  rum,  or  other  strong  or  malt  liquors,  or  mixed  liquors,  as  aforesaid, 
either  to  different  persons  or  the  same  person,  shall  be  sufficient  to  constitute 
one  a  common  seller  within  the  meaning  of  this  Act.  But  nothing  in  this 
Act  contained  shall  be  construed  to  prohibit  the  manufacture  of  cider,  or 
the  sale  thereof  in  quantities  not  less  than  one  gallon,  or  the  manufacture 
of  wine  or  malt  liquors  for  domestic  use,  or  of  alcohol  for  exportation,  or  to 
be  sold  to  or  through,  and  only  to  or  through  the  agents  appointed  under  the 
2d  section  of  this  Act. 

SEC.  9.  SEARCH  AND  SEIZURE  — Any  justice  of  the  peace,  within  the 
town  in  which  he  resides,  and  any  court  exercising  the  jurisdiction  of  a  jus- 
tice of  the  peace,  within  the  town  in  which  such  court  is  established,  may 
issue  a  search  warrant  for  the  purpose  of  searching  for  any  ale,  wine,  rum, 
or  other  strong  or  malt  liquors,  or  any  mixed  liquors,  as  aforesaid,  held  for 
sale  contrary  to  law,  such  warrant  to  be  served  during  the  daytime,  com- 
plaint being  first  made  in  writing,  on  oath,  as  is  required  before  issuing  of 
search  warrants  in  other  cases,  which  complaint  shall  be  made  by  three  legal 
voters  and  distinctly  set  forth  that  the  liquors  described  in  the  warrant  are 
believed  to  be  held  for  sale  contrary  to  the  provisions  of  this  Act,  in  some 
house  or  place  within  the  town  in  which  the  complaint  is  made,  or  in  some 
398 


OF  RHODE  ISLAND. 


vessel  or  craft  in  any  of  the  waters  of  Narragansett  Bay ;  and  all  such 
liquors,  together  with  the  casks  or  other  vessels  in  which  the  same  are  con- 
tained, and  which  shall  be  found  by  any  officer  in  executing  any  such  search 
warrant,  shall  be  safely  kept  so  long  as  shall  be  necessary  for  the  purposes 
of  evidence  in  any  case  arising  under  this  Act ;  and  upon  final  conviction  of 
the  person  or  persons  in  whose  possession  the  said  liquors  and  the  vessels 
containing  them  shall  be  by  the  justice  or  court  adjudged  forfeited,  the  said 
liquors  be  ordered  to  be  destroyed,  and  the  said  casks  or  other  vessels  to  be 
delivered  to  the  sheriff  of  the  county,  or  his  deputy,  and  the  officer  to  whom 
such  casks  shall  be  delivered  as  aforesaid,  shall  advertise  and  sell  the  same, 
in  the  same  manner  in  which  like  personal  property  is  liable  to  be  sold  on 
execution,  and  the  proceeds  of  such  sale  after  deducting  therefrom  his  lawful 
fees  and  charges,  he  shall  pay  over  to  the  justice  or  clerk  of  the  court,  to  and 
for  the  use  of  the  State.  But  in  the  event  of  the  acquittal  of  the  person  charged 
with  the  unlawful  keeping  or  possessing  of  the  liquors  so  seized,  the  same  to- 
gether with  the  vessels  containing  them,  shall  be  returned  to  the  place  from 
which  they  were  taken,  by  the  officer  in  whose  custody  they  may  be;  provided 
that  no  warrant  to  search  for  liquors  shall  issue,  until  a  warrant  shall  have 
been  issued  for  the  supposed  owner  thereof,  or  the  person  having  said  liquors  in 
charge,  on  complaint  for  keeping,  or  suffering  to  be  kept  on  his  premises  or 
possessions,  or  under  his  charge,  liquors  of  the  kind  aforesaid,  contrary  to 
the  provisions  of  this  Act.  And  any  person  convicted  upon  any  such  com- 
plaint may  appeal  from  the  sentence,  judgment,  and  order  of  the  justice  or 
court  thereon,  to  the  court  of  common  pleas  next  to  be  holden  in  the  same 
county  after  ten  days  ;  in  the  same  manner,  and  upon  the  same  terms  and 
conditions,  and  with  the  like  effect,  as  prescribed  in  section  6th  of  this  Act. 
Provided  however,  that  any  appeal  from  any  sentence,  judgment,  and  order 
of  the  court  of  magistrates  of  the  city  of  Providence,  prior  to  the  15th  day 
of  March,  1853,  shall  be  to  the  supreme  court  at  its  March  term,  1853,  in 
the  county  of  Providence,  wherein  such  appeals  shall  be  heard  and  tried, 
and  the  decision  therein  shall  be  final.  And  the  recognizance  required  on 
such  appeals  shall  be  varied  by  the  said  court  of  magistrates  conformably 
with  this  proviso.  And  in  case  of  such  appeal,  if  the  final  decision  shall  be 
against  the  appellant,  sentence  shall  be  passed  by  said  appellate  court,  and 
such  liquors  seized  be  adjudged  forfeited  and  ordered  to  be  destroyed  as 
herein  provided ;  and  all  reasonable  charges  incidental  to  the  keeping  and 
storage  of  such  liquors,  from  and  after  the  date  of  its  seizure,  shall  be  taxed 
in  the  costs  against  the  defendant.  But  nothing  in  this  Act  contained  shall 
be  construed  to  prevent  any  person  from  keeping  on  his  premises  or  posses- 
sions, any  liquors  which  are  of  foreign  production,  and  which  have  been 
imported  under  the  laws  of  the  United  States  and  in  accordance  therewith, 
and  which  are  contained  in  the  original  packages  in  which  they  were  im- 
ported, but  the  custom-house  certificates  of  importation  and  proof  of  marks 
on  the  casks  or  packages  corresponding  thereto,  shall  not  be  received  by  any 
court  in  this  State  as  conclusive  evidence  that  the  liquors  contained  in  those 
packages  are  those  actually  imported  therein. 

SEC.  10.  DUTIES  OF  PEACE  OFFICERS. — It  shall  be  the  duty  of  any  mayor, 
alderman,  city  marshal,  city  or  town  sergeant,  constable  or  police  officer,  of 
any  city  or  town,  if  he  shall  have  information  that  any  ale,  wine,  rum,  or 
other  strong  or  malt  liquors,  or  any  mixed  liquors  as  aforesaid,  are  kept  for 
sale,  or  sold  in  any  tent,  shanty,  hut,  or  place  of  any  kind  for  selling  refresh- 
ments in  any  public  place,  on  or  near  the  ground  of  any  cattle  show,  agri- 
cultural exhibition,  military  muster,  or  public  occasion  of  any  kind,  to 
search  such  suspected  place,  and  if  such  officer  shall  find  upon  the  premises 

399 


PKOIIIBITORY  LAW 


any  ale,  wine,  rum,  or  other  strong  or  malt  liquors,  or  any  mixed  liquors,  as 
aforesaid,  he  shall  seize  them  and  apprehend  the  keeper  or  keepers  of  such 
place,  and  take  them  with  the  liquors  and  the  vessels  containing  them,  so 
found  and  seized,  forthwith  as  soon  as  may  be  convenient,  before  some  jus- 
tice of  the  peace,  or  court  exercising  the  jurisdiction  of  a  justice  of  the 
peace,  of  the  town  where  found,  and  thereupon  such  officer  shall  make  a  written 
complaint  under  oath,  and  subscribed  by  him,  to  such  justice  or  court,  that 
ale,  wine,  rum,  or  other  strong  or  malt  liquors,  or  mixed  liquors,  a  part  of 
which  is  ale.  wine,  rum,  or  other  strong  or  malt  liquors,  was  found  in  the  pos- 
session of  such  keeper  or  keepers,  in  a  tent,  shanty,  hut,  or  place  for  selling  re- 
freshments, and  upon  proof  that  said  liquors  are  either  ale,  wine,  rum,  or  other 
strong  or  malt  liquors,  or  mixed  liquors,  as  aforesaid,  that  they  were  found  in 
the  possession  of  the  accused,  in  a  tent,  shanty,  or  other  place  as  aforesaid,  for 
sale,  he  or  they  shall  be  sentenced  to  imprisonment  in  the  county  jail  of  the 
same  county  for  twenty  days,  and  the  liquor  and  vessels  so  seized  shall  be 
dealt  with,  by  order  of  such  justice  or  court,  as  provided  in  the  9th  section 
of  this  Act.  But  from  the  sentence  and  order  of  said  justice  or  court  as 
aforesaid,  the  defendant  may  appeal  to  the  court  of  common  pleas  next  to 
be  holden  in  the  same  county  after  ten  days ;  in  the  same  manner,  and  upon 
the  same  terms  and  conditions,  and  with  the  like  effect,  as  prescribed  in  sec- 
tion 6th  of  this  Act.  And  in  case  of  such  appeal,  if  the  final  decision  shall 
be  against  the  appellant,  sentence  as  aforesaid  shall  be  passed  upon  him  by 
the  appellate  court,  and  the  liquor  and  vessels  seized  as  aforesaid,  shall  be 
dealt  with  as  aforesaid. 

SEC.  11.  PROCESS  AFTER  APPEAL. — In  all  cases  of  appeal  under  this  Act, 
in  which  the  appellant  shall  fail  to  enter  and  prosecute  his  appeal  in  the  ap- 
pellate court  according  to  law,  said  court  in  addition  to  defaulting  his  recog- 
nizance, shall  order  all  liquors  and  vessels  in  the  custody  of  the  officer,  under 
the  provisions  of  the  9th  section  of  this  Act,  to  be  dealt  with  as  in  that  sec- 
tion provided;  and  whenever  a  default  shall  be  had  of  any  recognizance 
taken  in  pursuance  of  this  Act,  suit  shall  be  forthwith  commenced  in  a 
court  having  competent  jurisdiction. 

SEC.  12.  PROCESS  AFTER  CONVICTION.— Whenever  a  justice  of  the  peace 
or  any  court  exercising  the  jurisdiction  of  a  justice  of  the  peace,  shall  con- 
vict any  person  of  a  violation  of  the  provisions  of  this  Act,  and  the  person 
convicted  shall  claim  an  appeal,  it  shall  be  the  duty  of  such  justice  or  court, 
upon  motion  of  the  complainant  or  the  defendant,  to  require  any  witness 
sworn,  to  enter  into  recognizance  in  the  sum  of  fifty  dollars,  conditioned 
that  he  will  appear  at  the  appellate  court  to  testify  in  the  trial  whenever 
such  appeal  shall  be  called  for  trial. 

SEC.  13.  COMPLAINANTS  NOT  LIABLE  FOR  COSTS. — No  person  or  per- 
sons, who  shall  make  any  complaint  for  the  violation  of  any  of  the  provi- 
sions of  this  Act,  except  the  provisions  of  the  4th  section  thereof,  shall  be 
required,  at  the  time  of  making  such  complaint,  to  enter  into  recognizance, 
or  in  any  way  to  become  liable  for  the  costs  that  may  accrue  thereon  Com- 
plainants appointed  by  the  town  where  the  offense  is  committed,  and  the 
complaint  made,  the  city  marshal,  city  sergeant,  and  city  watchmen  of  the 
city  of  Providence,  the  sheriffs  and  deputy  sheriffs  of  the^everal  counties, 
and  the  town  sergeants  and  constables  of  any  town,  and  such  persons  as 
shall  wave  in  writing,  on  the  complaint,  at  the  time  of  making  the  same, 
in  favor  of  the  State,  the  complainant's  portion  of  the  penalty,  shall  not  be 
required,  upon  making  any  complaint  for  the  violation  of  any  of  the  provi- 
sions of  the  4th  section  of  this  Act,  to  enter  into  recognizance  or  give  sure- 
ty. All  other  persons  upon  making  any  complaint  for  a  violation  of  any  of 
400 


OF   RHODE  ISLAND. 


the  provisions  of  the  4th  section  of  this  Act,  shall  enter  into  recognizance 
with  surety  in  manner  and  with  like  conditions,  as  is  required  by  the  135th 
section  of  the  Act  entitled  "  An  Act  Concerning  Crimes  and  Punishments." 

SEC.  14.  NOT  NECESSARY  TO  SPECIFY  THE  KIND  OF  LIQUOR. — In  any 
action,  complaint  and  warrant,  indictment  or  other  proceedings,  against  any 
person  for  a  violation  of  any  of  the  provisions  of  this  Act,  it  shall  not  be 
necessary  to  set  forth  the  kind  or  quantity  of  ale,  wine,  rum,  or  other  strong 
or  malt  liquors,  or  mixed  liquors,  as  aforesaid,  or  the  time  of  the  sale  or 
manufacture  thereof ;  but  proof  of  the  violation  of  any  of  the  provisions  of 
this  Act,  the  substance  of  which  is  briefly  set  forth  therein,  within  the  times 
mentioned  therein,  by  the  person  complained  of,  shall  be  sufficient  to  con- 
vict such  person ;  nor  shall  it  be  requisite  in  any  such  action,  complaint  and 
warrant,  indictment  or  other  proceeding,  to  set  forth  a  record  of  a  former 
conviction,  or  any  allegation  of  any  such  conviction,  but  any  such  convic- 
tion, may  be  proved,  in  the  same  manner,  and  with  the  same  effect  as  if  an 
allegation  thereof  had  been  made ;  nor  shall  it  be  necessary  to  particularly 
describe  the  packages  or  kinds  of  liquor  to  be  searched  for.  And  any  de- 
fects in  any  such  complaint  and  warrant,  indictment,  or  other  proceeding, 
either  of  form  or  substance,  may  be  amended  either  by  the  justice,  or  court 
exercising  the  jurisdiction  of  a  justice  or  other  court  before  whom  the  ac- 
tion, complaint  and  warrant,  indictment  or  other  proceeding,  is  originally 
brought.  All  cases  of  appeal  under  this  Act  from  the  judgment  or  sentence 
of  a  justice  of  the  peace,  or  court  exercising  the  jurisdiction  of  a  justice  of 
the  peace,  shall  in  the  appellate  court  be  conducted  and  argued  by  the  at- 
torney-general in  behalf  of  the  State ;  and  in  every  case  in  such  court  in 
which  the  appellant  shall  be  required  to  pay  the  costs,  the  sum  of  six  dol- 
lars shall  be  taxed  in  the  bill  for  the  services  of  the  attorney-general,  for 
which  sum,  the  clerk  of  said  court  or  other  officer  to  whom  such  costs  may 
be  paid,  shall  account  with  the  general  treasurer ;  and  no  costs  in  any  such 
case  shall  be  remitted  or  reduced. 

SEC.  15.  JURISDICTION  OF  JUSTICES  OF  THE  PEACE. — Any  justice  of  the 
peace  within  the  town  in  which  he  resides,  and  any  court  exercising  the  ju- 
risdiction of  a  justice  of  the  peace,  within  the  town  in  which  such  court  is 
established,  shall  have  jurisdiction  and  cognizance  of  all  offenses  done  or 
committed  in  the  town  in  which  the  justice  trying  the  cause  shall  reside,  in 
violation  of  any  of  the  provisions  of  the  4th,  9th,  and  10th  sections  of  this 
Act,  with  power  to  proceed  to  trial,  render  judgment,  pass  sentence,  and 
award  a  warrant  for  execution  thereof ;  and  complaints  for  the  violation  of 
any  of  the  provisions  of  the  Act,  may  be  made  to  either  of  the  justices  of 
any  court  exercising  the  jurisdiction  of  a  justice  of  the  peace,  and  the  war- 
rants issued  thereon  may  be  signed  by  either  of  the  justices  thereof.  And 
whenever  a  court  exercising  the  jurisdiction  of  a  justice  of  the  peace,  is  or 
shall  be  established  in  any  town,  such  court  shall  have  exclusively,  in  such 
town,  the  jurisdiction,  cognizance,  and  powers  conferred  by  this  Act.  And 
any  violation  of  any  of  the  provisions  of  the  8th  section  of  this  Act,  upon 
any  of  the  waters  of  Narragansett  Bay,  or  other  public  waters  of  this  State 
may  be  prosecuted,  by  indictment,  in  any  county  in  this  State ;  and  any 
violation  of  any  other  of  the  provisions  of  this  Act,  upon  any  of  the  waters 
of  Narragansett  Bay,  or  other  public  waters  of  this  State,  may  be  prose- 
cuted by  complaint  and  warrant,  before  any  justice  of  the  peace  of  any 
town,  or  any  court  exercising  the  jurisdiction  of  a  justice  of  the  peace,  in 
any  town  in  this  State. 

SEC.  16.  FEES  AND  OTHER  COSTS. — In  addition  to  the  fees  now  allowed 
by  law,  the  justice  of  the  peace,  or  court  exercising  the  jurisdiction  of  a 

401 


PROHIBITORY  LAW 


justice  of  the  peace,  shall  be  entitled  to  receive  for  taking  any  bond  tinder 
this  Act,  the  sum  of  fifty  cents ;  and  the  officer  who  shall  make  service  of 
any  warrant  or  process  for  the  seizure  of  any  liquors  under  the  9th  or  10th 
sections  of  this  Act,  shall  be  allowed  for  the  same  the  sum  of  one  dollar ; 
for  the  removing  of  any  liquors  so  seized,  to  a  place  of  safety,  all  expenses 
by  him  incurred  in  the  removal,  care,  and  custody  of  said  liquors,  the  sum 
of  one  dollar,  said  fees  to  be  included  in  the  bill  of  costs  and  taxed  by  the 
justice  or  court  against  the  defendant. 

SEC.  17.  PAYMENTS  FOR  LIQUORS  SOLD  IN  VIOLATION  OF  LAW. — All 
payments  or  compensations  for  liquors  sold  in  violation  of  law,  whether  in 
money,  labor,  or  personal  property,  shall  be  held  and  considered,  as  between 
the  parties  to  such  sale,  to  have  been  received  in  violation  of  law,  without 
consideration,  and  against  law,  equity,  and  good  conscience;  and  in  any  ac- 
tion either  at  law  or  equity  touching  such  money,  labor,  or  personal  estate, 
the  purchaser,  and  also  the  seller  of  such  liquors,  may  be  a  witness  for 
either  party.  And  no  action  of  any  kind  shall  be  had  or  maintained  in  any 
court  in  this  State,  for  the  recovery  or  possession  of  intoxicating  liquors,  or 
the  value  thereof,  except  such  as  are  sold,  purchased,  or  held  in  accordance 
with  the  provisions  of  this  Act. 

SEC.  18.  NOT  TO  AFFECT  PENDING  PROSECUTIONS. — Nothing  herein  con- 
tained shall  be  construed  to  affect  any  prosecutions  commenced  or  proceed- 
ings pending  on  the  18th  day  of  July,  1852,  for  the  violation  of  any  of  the 
provisions  of  an  Act  entitled  "  An  Act  enabling  Town  Councils  to  Grant  Li- 
censes for  Retailing  Strong  Liquors,  and  for  Other  Purposes,"  passed  at 
the  January  session,  A.D.,  1844,  or  of  any  Act  or  Acts  in  amendment  of 
or  in  addition  to  the  same,  or  to  affect  any  prosecutions  commenced  or 
proceedings  pending,  or  which  may  hereafter  be  commenced  before  this 
Act  shall  go  into  effect,  for  the  violation  of  "  An  Act  for  the  Suppression 
of  Drinking  Houses  and  Tippling  Shops,"  passed  at  the  May  session, 
A.D.,  1852,  or  of  any  Act  or  Acts  in  amendment  of  or  in  addition  to  the 
same ;  or  in  any  way  to  affect  any  right,  title,  interest,  duty,  obligation, 
penalty,  forfeiture,  claim,  or  demand,  which  shall  have  vested,  accrued,  or 
become  forfeited  by  virtue  of  the  Acts  aforesaid,  but  said  prosecutions  may 
be  commenced,  proceeded  with,  tried,  determined,  and  sentence  thereon 
passed  and  executed,  in  the  same  manner  and  with  the  same  effect,  as  if  this 
Act  had  not  been  passed.  And  any  and  all  appointments  of  agents  for  sale, 
and  of  complainants,  made  by  any  town  council,  or  board  of  aldermen,  or 
by  any  town,  and  all  bonds,  obligations,  or  engagements,  given,  assumed, 
or  taken  under  the  provisions  of  the  said  Act  of  May,  1852,  shall  be  deemed 
as  valid  and  effectual  to  all  intents,  as  if  made,  given,  assumed,  or  taken, 
after  this  Act  shall  have  taken  effect,  and  in  virtue  of  this  Act. 

SEC.  19.  To  BE  CONFIRMED  BY  LEGAL  VOTERS. — The  legal  voters  in 
the  several  towns  may,  at  the  annual  election  in  April  next,  vote  upon  the 
question  of  repealing  this  Act.  And  the  secretary  of  state  is  hereby  direct- 
ed to  furnish  printed  ballots  to  the  town  clerks  of  each  town  equal  to  six 
times  the  number  of  persons  who  voted  in  such  town  at  the  last  election, 
upon  one  side  of  which  ballots  shall  be  printed  the  question — "  Shall  the 
Act  for  the  more  Effectual  Suppression  of  Drinking  Houses  and  Tippling  Shops 
be  repealed,"  and  on  the  reverse,  upon  one  half  of  said  ballots  the  word 
"  Yes,"  and  upon  one  half  the  word  "  No."  And  any  voter  wishing  to  vote 
upon  said  question,  shall  inclose  one  of  such  ballots  in  the  envelope  contain- 
ing his  ballot  for  general  officers,  or  in  case  he  does  not  vote  for  general 
officers,  then  in  one  of  the  envelopes  provided  by  law  for  that  purpose.  Said 
ballots  shall  be  sealed  up  and  deposited  with  the  secretary  of  state,  and  be 
402 


OF  RHODE  ISLAND. 


counted  by  the  General  Assembly  at  the  next  May  session,  and  in  the  event 
of  a  majority  of  such  ballots  being  cast  in  favor  of  the  repeal  of  this  Act, 
the  same  shall  be  limited  in  its  operations,  and  have  no  effect  after  the  tenth 
day  from  and  after  the  rising  of  the  General  Assembly  at  said  May  session. 
Provided,  however,  that  in  case  the  vote  of  the  people  shall  be  for  repeal, 
such  repeal  shall  not  in  any  way  affect  any  prosecutions  commenced,  or  pro- 
ceedings pending,  under  this  Act,  on  or  before  the  day  of  its  repeal. 

SEC.  20.  REPEAL  OF  FORMER  ACTS. — All  acts  and  parts  of  acts  in  any 
way  inconsistent  with  the  provisions  of  this  Act,  are  hereby  repealed. 

Approved  January,  1853. 

403 


THE 

PROHIBITORY   LIQUOR   LAW 


OF 

VERMONT. 


AN  ACT  TO  PREVENT  TRAFFIC  IN  INTOXICATING  LIQUORS  FOR 
THE  PURPOSE  OF  DRINKING. 

It  is  hereby  enacted  by  the  General  Assembly  of  the  State  of  Vermont, 
as  follows : 

SEC.  1.  MANUFACTURE  AND  SALE  OF  LIQUORS. — No  person  shall  be 
allowed  at  any  time  or  place  within  this  State,  except  as  hereinafter  pro- 
vided, to  manufacture,  sell,  furnish,  or  give  away,  by  himself,  his  clerk,  or 
servant,  or  agent,  any  spirituous  or  intoxicating  liquor,  or  mixed  liquor,  of 
•which  a  part  is  spirituous  or  intoxicating,  all  which  is  intended  by  the 
phrase  intoxicating  liquor  wherever  it  occurs  in  this  Act ;  provided,  that 
nothing  in  this  Act  shall  be  construed  to  prevent  the  manufacture,  sale,  and 
use  of  the  fruit  of  the  vine  for  the  commemoration  of  the  Lord's  Supper. 

SEC.  2.  COUNTY  COMMISSIONER. — There  shall  be  chosen  by  ballot  at 
each  annual  March  meeting  in  this  State,  by  the  legal  voters  in  such 
meeting,  a  county  commissioner  for  each  county  —  each  to  be  chosen 
by  the  legal  voters  of  the  several  towns  in  their  respective  counties — a  no- 
tice of  which  election  shall  be  by  the  selectmen  inserted  in  the  warning  for 
town  meetings,  and  a  certificate  of  the  votes  given  for  such  commissioner 
shall  be  forwarded  by  the  town  clerks  of  the  several  towns  to  the  clerk  of 
the  county  in  which  such  towns  are  situated  on  or  before  the  second  Tues- 
day in  April  next  after  such  election ;  and  the  clerk  aforesaid  shall,  on  the 
second  Tuesday  in  April,  canvass  the  votes  so  returned,  and  the  person  hav- 
ing the  greatest  number  of  votes  so  returned  shall  be  declared  elected  com- 
missioner, and  the  clerk  aforesaid  shall  issue  to  the  person  so  elected  a 
proper  certificate  of  his  election,  and  make  suitable  proclamation  of  such 
election  in  one  or  more  newspapers  printed  in  such  county,  or  if  there  be 
no  such  paper  printed  in  such  county,  then  in  one  or  more  papers  printed 
in  an  adjoining  county.  And  such  commissioners  shall  hold  their  respective 
offices  for  the  term  of  one  year,  and  until  others  are  chosen  in  their  stead, 
and  shall  have  full  power  to  perform  all  the  duties  required  of  them  by  this 
Act,  and  shall  receive  as  compensation  for  services  rendered  as  required  by 
this  Act  six  cents  per  mile  for  all  necessary  travel,  and  two  dollars  per  day 
for  time  actually  spent  in  the  performance  of  duties  herein  required,  to  be 
paid  from  the  treasuries  of  the  respective  counties. 

SEC.  3.  APPOINTMENT  OF  TOWN  AGENTS. — The  commissioner  of  any 
county,  on  the  first  Monday  in  May,  annually,  or  as  soon  after  as  may  be 
404 


PROHIBITORY  LAW  OF  VERMONT. 


convenient,  may  appoint  some  suitable  person  as  the  agent  of  any  town  or 
city  in  the  county,  to  purchase  at  the  expense  of  the  town  or  city  for  which 
such  agent  is  appointed,  and  to  sell  at  some  central  or  convenient  place 
therein,  intoxicating  liquor,  to  be  used  for  medicinal,  chemical,  and  me- 
chanical purposes  only ;  and  the  money  received  for  such  sales  shall  be  paid 
into  the  treasuries  of  their  respective  towns  or  cities ;  and  such  agent  shall 
receive  such  compensation  for  his  services  as  the  selectmen  of  the  town,  or 
mayor  and  aldermen  of  the  city,  shall  prescribe ;  and  shall,  in  the  sale  of 
such  liquor,  conform  to  such  rules  and  regulations  as  said  commissioner 
shall  prescribe  ;  and  shall  hold  his  situation  for  one  year,  unless  sooner  re- 
moved by  said  commissioner  or  his  successor  in  office.  And  in  case  such 
appointment  becomes  vacant  by  removal  or  otherwise,  said  commissioner  may 
appoint  some  other  person  to  the  situation  for  the  remainder  of  the  year ; 
provided,  that  no  innkeeper,  or  keeper  of  a  house  of  public  entertainment, 
shall  be  appointed  such  agent  in  any  town  or  city  in  the  State. 

SEC.  4.  AGENT  TO  EXECUTE  A  BOND. — Such  agent  shall  receive  a  cer- 
tificate from  the  commissioner  appointing  him,  authorizing  him,  as  the  agent 
of  the  town,  to  sell  intoxicating  liquor  for  medicinal,  chemical,  and 
mechanical  purposes  only  ;  but  such  certificate  shall  not  be  delivered  unto 
him  or  take  effect  until  he  shall,  if  required  by  the  commissioner,  have 
executed  and  delivered  a  bond,  with  two  good  and  sufficient  sureties,  to  said 
commissioner  in  the  sum  of  six  hundred  dollars,  in  substance  as  follows  : 

Know  all  men  that  we  ,  as  principal,  and  ,  as  sure- 

ties, are  holden  to  the  county  of  in  the  sum  of  six  hundred  dollars, 

for  the  payment  of  which  to  said  county  we  bind  ourselves,  our  heirs, 
executors,  and  administrators  firmly  by  these  presents. 

Witness  our  own  hands  and  seals  hereto  affixed,  this         day  of 
A.D. 

Provided,  that  if  the  said  shall,  so  long  as  he  is  agent  of  the 

town  of  for  selling  intoxicating  liquor,  conform  to  the  provisions 

of  the  law  relating  to  the  traffic  in  such  liquor,  and  to  such  rules  and  regu- 
lations respecting  the  same  as  have  been  or  may  be  prescribed  by  the  com- 
missioner of  said  county  not  inconsistent  with  the  provisions  of  this  Act, 
then  this  obligation  shall  be  void ;  otherwise,  of  force. 

SEC.  5.  PENALTIES  FOR  SELLING,  ETC. — If  any  person,  by  himself, 
clerk,  servant,  or  agent,  shall  sell,  furnish,  or  give  away  any  intoxicating 
liquor  in  violation  of  this  Act,  he  shall  forfeit  and  pay  to  the  treasurer  of 
the  town  where  such  offense  is  committed,  upon  the  first  conviction,  ten  dol- 
lars and  costs  of  prosecution ;  on  the  second  conviction,  he  shall  forfeit  and 
pay,  as  aforesaid,  twenty  dollars  and  the  costs  of  prosecution ;  and  on  the 
third  conviction,  he  shall  forfeit  and  pay,  as  aforesaid,  twenty  dollars  and 
the  costs,  and  be  imprisoned  in  the  county  jail  not  less  than  three  months, 
nor  more  than  six  months. 

SEC.  6.  JURISDICTION  OF  JUSTICES. — Justices  of  the  peace  shall  have 
concurrent  jurisdiction  in  their  several  counties  with  the  county  court  to 
hear  and  determine  all  offenses  against  the  above  section  though  inhabitants 
of  the  town  where  the  offense  is  committed ;  and  the  same  may  be  tried 
upon  the  complaint  of  the  grand  juror  of  such  town,  or  of  the  State's 
attorney,  before  any  justice,  or  upon  the  information  of  the  State's  attorney, 
before  the  county  court  for  such  county.  And  such  forfeiture  may  also  be 
recovered  in  an  action  of  debt  in  the  name  of  such  town ;  and  it  shall  be 
the  duty  of  the  selectmen  of  such  town  to  institute  such  action  on  being 
informed  of  any  such  offense  and  furnished  with  evidence  thereof. 

405 


PROHIBITORY  LAW 


SEC.  7.  No  APPEAL  ALLOWED  WITHOUT  SECURITIES. — No  person  shall 
be  allowed  an  appeal  from  the  judgment  rendered  against  him  by  any 
justice  on  the  trial  of  such  action  or  complaint  until  he  recognize,  with 
good  and  sufficient  sureties,  in  the  sum  of  not  less  than  one  hundred  dol- 
lars, to  prosecute  his  appeal  to  effect,  and  to  pay  all  costs,  fines,  and  for- 
feitures, and  undergo  all  penalties  that  may  be  awarded  against  him  upon 
the  final  disposition  of  such  action  or  complaint ;  nor  until  he  give  a  bond, 
with  other  good  and  sufficient  sureties,  to  the  town  or  city  where  such 
offense  was  committed,  in  the  sum  of  two  hundred  dollars,  conditioned  that 
he  will  not,  during  the  pendency  of  such  appeal,  violate  any  of  the  pro- 
visions of  this  Act. 

SEC.  8.  COMMISSIONER'S  POWER  TO  PROSECUTE  AGENTS. — Whenever 
complaint  shall  be  made  to  the  commissioner  of  any  county  that  any  agent 
appointed  by  him  or  his  predecessor  under  this  Act  has  violated  the  terms 
of  his  license,  or  has  broken  the  condition  of  his  bond,  he  shall  notify  him 
thereof;  and  if,  on  hearing  it,  it  shall  appear  that  such  terms  have  been 
violated,  or  that  such  condition  has  been  broken,  he  shall  revoke  and  make 
void  his  appointment.  And  whenever  any  breach  of  the  condition  of  such 
bond  shall  come  to  the  knowledge  of  such  commissioner  he  shall  cause  the 
same  to  be  prosecuted. 

SEC.  9.  MANUFACTURER  AND  COMMON  SELLER. — CIDER,  ETC. — No 
person  shall  be  a  manufacturer  or  common  seller  of  intoxicating  liquor 
within  this  State  without  being  appointed  agent  as  hereinbefore  provided ; 
and  every  person  convicted  thereof,  the  first  time,  shall  forfeit  and  pay  the 
Bum  of  one  hundred  dollars  and  costs  of  prosecution ;  the  second,  and  every 
subsequent  time,  two  hundred  dollars ;  and  on  being  convicted  thereof  the 
third,  or  any  subsequent  time,  he  shall  be  imprisoned  in  the  county  jail  not 
less  than  four  nor  more  than  twelve  months ;  such  forfeiture  and  payment 
to  be  recovered,  and  such  penalty  to  be  inflicted,  upon  complaint,  informa- 
tion, or  indictment ;  but  if  not  so  prosecuted  within  one  year  after  the 
offense  is  committed,  such  forfeiture  and  payment  may  be  recovered  by  an 
action  of  debt  in  the  name,  and  for  the  benefit  of,  the  town  or  city  where 
the  offense  was  committed ;  and  it  shall  be  the  duty  of  the  selectmen  of 
such  town,  or  the  mayor  or  aldermen  of  any  city,  to  commence  such  action 
upon  being  informed  of  any  such  offense  and  furnished  with  the  evidence 
thereof ;  provided,  that  nothing  in  this  Act  contained  shall  be  construed  to 
prevent  the  manufacture  and  sale  of  cider  in  quantities  of  not  less  than 
five  gallons  for  medicinal,  chemical,  mechanical,  and  culinary  purposes 
only,  nor  the  manufacture  by  any  one,  for  his  own  consumption  and  use,  of 
any  fermented  liquor. 

SEC.  10.  LIQUOR  SELLERS  INCOMPETENT  FOR  JURORS. — No  person  en- 
gaged in  unlawful  traffic  in  intoxicating  liquor  shall  be  competent  to  sit  on 
any  jury  in  any  case  arising  under  this  Act ;  and  when  information  shall 
.be  communicated  to  the  court  that  any  member  empannelled  upon  such  jury 
is  believed  to  be  engaged  in  such  traffic,  the  court  shall  inquire  of  him  as 
to  the  truth  thereof;  and  no  answer  that  he  shall  make  shall  be  used 
against  him  in  any  case  arising  under  this  Act ;  but  he  may  decline  to 
answer,  and  in  that  case  he  shall  be  discharged  from  such  panel ;  and  if  he 
answer  falsely,  he  shall  be  incapable  of  serving  upon  any  jury  thereafter ; 
provided,  that  no  verdict  against  any  respondent  in  such  a  case  shall  be 
vitiated  or  impeached  in  consequence  of  such  a  person  having  been  upon 
the  jury  by  which  it  was  rendered. 

SEC.  11.  CASES  TO  TAKE  PRECEDENCE  IN  COURT. — All  cases  arising 
under  this  Act  shall  take  precedence  of  all  other  trials  in  the  court  in 


OF  VERMONT, 


which  they  are  pending,  except  those  in  criminal  cases  where  the  respond- 
ent are  under  arrest ;  and  neither  the  court  nor  prosecuting  officer  shall 
have  authority  to  enter  a  nolle  prosequi,  or  to  grant  a  continuance,  in  any 
case  arising  under  this  Act,  either  before  or  after  the  verdict,  except  where 
the  purposes  of  justice  require  it. 

SEC.  12.  PROVISIONS  FOR  SEARCH  AND  SEIZURE  OF  LIQUORS. — If  any 
three  persons,  voters  in  any  town,  shall  make  complaint,  under  oath 
or  affirmation,  before  any  justice  of  the  peace  in  the  county,  that  they  have 
reason  to  believe,  and  do  believe,  that  intoxicating  liquor  is  kept  or  depos- 
ited in  any  dwelling-house,  store,  shop,  steamboat,  or  water-craft  of  any 
kind,  depot,  railroad  car,  or  land  carriage  of  any  kind,  warehouse,  or  other 
building  or  place  in  said  town,  and  intended  for  sale  by  any  person  not 
authorized  to  sell  the  same,  said  justice  of  the  peace  shall  issue  a  warrant 
to  any  sheriff  or  constable  of  the  State  to  search  the  premises  described  in 
such  complaint ;  and  if  any  intoxicating  liquor  is  found  therein,  under  cir- 
cumstances warranting  the  belief  that  it  is  intended  for  sale  contrary  to 
the  provisions  of  this  Act,  such  officer  shall  seize  the  same  and  convey  it  to 
some  proper  place  of  security,  and  keep  the  same  until  final  action  is  had 
thereon ;  and  the  owner  or  keeper  of  the  liquor  so  seized,  if  he  be  known 
to  the  officer  seizing  the  same,  shall  be  summoned  by  him  to  appear  forth- 
with before  the  justice  issuing  the  warrant ;  and  if  he  fail  to  appear,  or  to 
show  by  satisfactory  evidence  that  said  liquor  is  not  intended  for  sale  con- 
trary to  the  provisions  of  this  Act,  or  is  of  foreign  production,  that  the 
same  has  been  imported  under  the  laws  of  the  United  States,  and  in  accord- 
ance therewith,  that  it  is  contained  in  the  original  packages  in  which  it  was 
imported,  in  quantities  not  less  than  the  laws  of  the  United  States  prescribe, 
such  liquor  shall  be  adjudged  forfeited,  and  shall  be  destroyed  under  a 
written  order  of  said  justice,  and  in  his  presence,  or  in  the  presence  of  some 
person  appointed  by  him  and  named  in  said  order  for  that  purpose,  who 
shall  join  with  the  officer  executing  such  order  in  certifying  upon  the  back 
thereof  the  execution  of  the  same ;  and  the  owner  or  keeper  of  such  liquor 
shall  pay  to  said  town  a  fine  of  twenty  dollars  and  costs,  if,  in  the  opinion 
of  said  justice,  said  liquor  was  kept  or  deposited  for  the  purpose  of  sale  con- 
trary to  the  provisions  of  this  Act.  And  the  custom-house  certificate  of 
importation,  and  proof  of  marks  on  the  casks  or  packages  in  which  such 
liquor  is  contained  corresponding  thereto,  shall  not  be  received  as  evidence 
that  the  liquor  contained  in  such  packages  is  that  actually  imported  therein. 

SEC.  13.  PROVISIONS  FOR  CASES  WHERE  THK  OWNER  is  UNKNOWN. 
— If  the  owner,  keeper,  or  possessor  of  any  liquor  so  seized  shall  be  unknown 
to  the  officer  seizing  the  same,  it  shall,  before  being  destroyed,  be  advertised, 
with  the  number  and  description  of  the  casks  or  packages,  by  posting  up 
in  some  public  place,  for  two  weeks,  a  written  notice  of  the  proceeding. 
And  if  it  shall  be  made  to  appear,  within  the  space  of  two  weeks  as  afore- 
said, that  said  liquor  is  actually  the  property  of  any  town  in  this  State, 
and  was  so  when  seized,  and  had  been  purchased  for  sale  by  the  agent  of 
such  town  for  medicinal,  chemical,  and  mechanical  purposes  only,  the 
officer  having  the  custody  of  such  liquor  shall,  upon  the  order  of  such 
justice,  deliver  said  liquor  to  the  agent  of  the  town  whose  property  it  is, 
taking  his  receipt  for  the  same  upon  the  back  of  said  order,  which  he  shall 
thereupon  return  to  said  justice  ;  and  if  not  so  made  to  appear,  such  liquor 
shall  be  proceeded  with  as  provided  in  the  last  preceding  section. 

SEC.  14.  APPEAL,  GRANTED  UNDER  BOND. —Any  person  claiming  such 
liquor  may  appeal  from  the  judgment  of  said  justice ;  but  his  appeal  shall 
not  be  allowed  until  he  give,  with  good  and  sufficient  sureties,  a  bond  in  the 

407 


PROHIBITORY  LAW 


gum  of  two  hundred  dollars,  conditioned  that  he  prosecute  his  appeal  te 
effect,  and  pay  all  fines,  forfeitures,  and  costs  which  may  be  finally  awarded 
against  him ;  and  if  the  final  decision  be  against  him,  and  the  liquor  seized 
as  aforesaid  exceed  in  quantity  five  gallons,  he  shall  be  adjudged  by  the 
court  a  common  seller  of  intoxicating  liquor,  and  shall  be  subject  to  the 
penalties  provided  in  section  9  of  this  Act,  and  said  liquor  shall  be  destroyed 
as  provided  in  section  12.  Nothing  in  this  Act  contained  shall  be  so  con- 
strued as  to  prevent  any  chemist,  artist,  or  manufacturer,  in  whose  art  or 
trade  it  may  be  necessary,  from  keeping,  at  his  place  of  business,  such 
reasonable  and  proper  quantity  of  distilled  liquor  as  he  may  have  occasion 
to  use  in  his  art  or  trade,  but  not  for  sale. 

SEC.  15.  SEIZURE  OF  LIQUORS  ON  PUBLIC  OCCASIONS,  ETC. — It  shall  be 
the  duty  of  any  sheriff,  sheriff's  deputy,  constable,  selectmen,  or  grand  juror, 
if  he  shall  have  information  that  any  intoxicating  liquor  is  kept  or  sold  in 
any  tent,  shanty,  hut,  or  place  of  any  kind  for  selling  refreshments  in  any 
public  place,  except  dwelling-houses,  on  or  near  the  ground  of  any  cattle 
show,  agricultural  exhibition,  military  muster,  or  public  occasion  of  any 
kind,  to  search  such  suspected  place  without  warrant,  and  if  such  officer  shall 
find  upon  the  premises  any  intoxicating  liquor,  he  shall  seize  and  apprehend 
the  keeper  or  keepers  of  such  place,  and  take  them,  with  the  liquor  so  found 
and  seized,  forthwith,  or  as  soon  as  conveniently  may  be,  before  some  jus- 
tice of  the  peace  of  the  town  in  which  the  same  was  found ;  and  thereupon 
such  officer  shall  make  a  written  complaint  under  oath,  and  subscribed  by 
him,  to  such  justice;  and  upon  proof  that  such  liquor  is  intoxicating,  that 
the  same  was  found  in  the  possession  of  the  accused,  in  a  tent,  shanty,  or 
other  place  as  aforesaid,  he  or  they  shall  be  sentenced  to  imprisonment,  in 
the  county  jail  of  the  county  where  such  offense  was  committed,  for  thirty 
days,  and  the  liquor  so  seized  shall  be  destroyed  by  order  of  said  justice,  as 
provided  in  the  twelfth  section  of  this  Act ;  and  if  any  person,  apprehended 
under  this  section  and  sentenced  as  aforesaid,  shall  claim  an  appeal,  before 
his  appeal  is  allowed,  he  shall  recognize,  with  good  and  sufficient  sureties,  in 
the  sum  of  one  hundred  dollars,  that  he  will  prosecute  his  said  appeal  to 
effect,  and  pay  all  fines  and  costs,  and  suffer  such  penalty  as  may  be  award- 
ed against  him.  And  if  he  is  convicted  upon  such  appeal,  he  shall,  in  ad- 
dition to  the  penalty  imposed  by  such  justice,  pay  a  fine  of  ten  dollars  to 
the  town  where  said  liquor  was  seized  as  aforesaid.  And  any  person  resist- 
ing an  officer  in  the  execution  of  his  duties  under  this  or  any  other  section 
of  this  Act,  shall  be  liable  to  the  same  penalties  as  are  provided  by  law  for 
resisting  a  sheriff  in  the  execution  of  legal  process. 

SEC.  16.  LIQUORS  TO  BE  DESTROYED  AFTER  JUDGMENT. — Whenever  the 
appellant,  in  any  case  arising  under  this  Act,  shall  fail  to  enter  and  prose- 
cute his  appeal,  or  shall  be  convicted,  the  county  court,  or  court  in  which 
such  appeal  is  finally  decided,  shall  order  all  liquor  seized  upon  the  original 
complaint,  or  complaint  and  warrant,  to  be  destroyed  forthwith,  under,  the 
order  of  such  court,  as  in  case  of  liquor  destroyed  under  an  order  of  a  jus- 
tice of  the  peace,  as  hereinbefore  provided. 

SEC.  17.  WITNESSES  BOUND  OVER. — It  shall  be  the  duty  of  the  justice  of 
the  peace  or  county  court,  before  whom  any  case  arising  under  this  Act  is 
tried,  if  requested  by  either  party,  to  take  the  recognizance  of  the  necessa- 
ry witnesses,  who  shall  have  testified  in  the  case,  for  their  appearance  at  the 
county  court,  in  the  same  sum  in  which  the  respondent  is  ordered  to  find 
bonds.  And  in  case  any  such  witness  shall  refuse  to  enter  into  the  bond  of 
recognizance  ordered,  he  may  be  committed  to  jail  on  the  warrant  of  the 
justice  or  court  making  such  order. 
408 


OF  VERMONT. 


SEC.  18.  FORM  OF  COMPLAINTS. — Complaints  for  any  offense  against 
the  5th  section  of  this  Act  shall  be  substantially  in  the  following  form,  to 
wit: 

"  State  of  Vermont,  ,  ss. 

To  A.  B. ,  justice  of  the  peace  for  the  county  of  ,  comes  C.  D. ,  grand 

juror  of  the  town  of  ,  in  said  county,  and  complains  that  E.  F.,  of 

,  on  the  day  of  ,  A.D.  ,  at  ,  did  at  divers 

times  sell,  furnish,  or  give  away  (as  the  case  may  be)  intoxicating  liquor, 
without  authority,  contrary  to  the  form  of  the  statute  in  such  case  made 
and  provided,  and  against  the  peace  and  dignity  of  the  State.  C.  D.,  grand 
juror"  And  the  justice  to  whom  the  complaint  is  made  shall  certify  there- 
on substantially  as  follows :  "  This  complaint,  exhibited  to  me  this 
day  of  ,  A.D.  .  A.  ~B.,  justice  of  the  peace."  And  for  all 

offenses  against  the  9th  section  of  this  Act  the  complaint  shall  be  in  sub- 
stantially the  same  form,  inserting  the  words,  "  became  a  manufacturer  of" 
or  "  common  seller  of  (as  the  case  may  be)  in  lieu  of  the  words,  "  did  at 
divers  times  sell,  furnish,  or  give  away."  And  in  cases  arising  under  the 
12th  section  of  this  Act,  the  complaint  shall  commence,  substantially,  in  the 
same  manner,  and  proceed  in  substance  as  follows  :  "  Come  C.  D.,  E.  F.,  and 
G.  H.,  legal  voters  in  the  town  of  ,  in  said  county,  and  complain  that 

they  have  reason  to  believe  and  do  believe  that  intoxicating  liquor  is  kept  or 
deposited  in  (describing  the  place  where),  and  intended  for  sale,  contrary  to 
the  form,"  etc.,  following  the  form  above  mentioned;  and  the  justice  to 
whom  the  same  is  made,  shall  certify  thereon  in  substance  as  follows,  viz : 
"  The  above-named  C.  D.,  E.  F.,  and  G.  H.  exhibited  this  complaint  to  me, 
and  made  oath  tojfee  truth  thereof,  this  day  of  ,  A.D.  , 

before  me,  A.  B.,  justice  of  the  peace."  And  in  cases  arising  under  the 
15th  section  of  this  Act,  the  complaint  shall  follow  the  same  form,  substan- 
tially, as  far  as  the  word  "  complains,"  and  then  proceed,  in  substance,  as 
follows :  "  That  E.  F.,  of  ,  on  the  day  of  ,  A.D. 

kept  or  sold  (as  the  case  may  be), in  (describing  the  place),. near  (describing 
the  public  occasion)  in  said  county,  the  intoxicating  liquor  seized  by  me, 
and  here  produced,  namely  (describing  the  same  briefly),  contrary  to  the 
form,"  etc.,  following  the  said  form  first  mentioned ;  and  all  informations, 
indictments,  and  declarations  in  actions  of  debt  founded  on  this  statute  may 
be  substantially  in  the  same  form,  so  far  as  the  case  will  admit ;  nor  shall  it 
be  necessary  to  set  forth  more  particularly  the  kind  or  quantity  of  intoxi- 
cating liquor,  nor  the  nature,  date,  or  place  of  the  offense ;  nor  to  make  any 
averment  of  a  former  conviction  for  a  like  offense,  but  upon  proof  of  one  or 
more  former  convictions  of  the  same  offense,  the  respondent  shall  be  sen- 
tenced to  forfeit,  pay,  and  suffer  the  several  fines,  forfeitures,  and  penalties 
herein  provided  in  such  cases.  And  any  defects  in  such  complaint,  informa- 
tion, indictment,  or  declaration,  either  ot  form  or  substance,  may  be  amend- 
ed by  the  court  before  which  the  same  is  pending,  whether  by  original  entry, 
appeal,  or  otherwise.  And,  under  the  first  of  the  foregoing  complaints, 
every  distinct  act  of  selling,  furnishing,  or  giving  away  may  be  proved,  and 
the  court  shall  impose  a  fine  for  each  offense,  or  if  the  number  exceed  five, 
the  respondent  may  be  adjudged  a  common  seller,  and  be  subjected  to  the 
penalties  provided  in  section  nine  of  this  Act. 

SEC.  19.  REGULATION  or  FEES. — In  addition  to  the  fees  now  allowed  by 
law,  thirty-four  cents  shall  be  allowed  to  the  justice  for  taking  any  bond 
required  by  this  Act,  thirty-four  cents  for  an  order  for  the  destruction  of 
liquor,  fifty  cents  for  attending  such  destruction ;  to  any  officer  serving 
any  warrant  or  process  for  seizing  intoxicating  liquor,  or  seizing  the  same 

18  409 


PROHIBITORY  LAW 


under  the  15th  section  of  this  Act,  and  apprehending  the  keeper,  one 
dollar ;  for  removing  such  liquor  and  keeping  the  same,  his  actual  expenses ; 
for  destroying  liquor  under  the  order  of  any  court,  and  making  his  return 
of  such  order,  one  dollar ;  for  posting  up  the  notices  required  in  the  13th 
section  of  this  Act,  one  dollar ;  and  to  every  prosecuting  officer  in  case  of 
conviction  before  a  justice  of  the  peace,  two  dollars,  all  which  are  to  be 
taxed  as  so  allowed  in  the  bill  of  costs  against  the  respondent 

SEC.  20.  POWERS  OF  CITY  AUTHORITIES. — The  mayor  and  aldermen  of 
the  city  of  Vergennes.  or  of  any  other  city  hereafter  incorporated,  shall 
have  the  same  authority  and  power,  and  be  subject  to  the  same  duty  and 
liability  in  case  of  any  offense,  committed  within  said  city  or  cities  against 
this  Act,  as  the  selectmen  or  grand  juror  of  any  town,  in  case  of  like 
offenses  committed  in  such  town,  and  may  require  like  securities  of  their 
agent  or  agents,  and  determine  the  amount  of  their  compensation ;  and  the 
said  city  or  cities  shall  have  the  same  right  to  all  fines  and  forfeitures  im- 
posed in  case  of  such  offense  in  said  city  or  cities,  and  the  same  remedy 
to  recover  them,  as  any  town  would  have  if  such  offense  were  committed 
therein. 

SEC.  21.  PAYMENTS  FOR  LIQUOR  TO  BE  TREATKD  AS  AGAINST  LAW. — 
All  payments  or  compensations  for  liquor  sold  in  violation  of  law,  whether 
in  money,  labor,  or  personal  property,  shall  be  held  and  considered  to  have 
been  received  in  violation  of  law,  without  consideration,  and  against  law, 
equity,  and  good  conscience,  and  in  any  action,  either  at  law  or  equity, 
touching  such  money,  labor,  or  personal  property,  the  purchaser,  and  also 
the  seller,  of  such  liquor  may  be  a  witness  for  either  part^  And  no  action 
of  any  kind  shall  be  had  or  maintained,  in  any  court  in^ltis  State,  for  the 
recovery  or  possession  of  intoxicating  liquor,  or  the  value  thereof,  ex- 
cept such  as  are  sold  or  purchased  in  accordance  with  the  provisions  of  this 
Act. 

SEC.  22.  PERSONS  FOUND  INTOXICATED  COMPELLED  TO  DISCLOSE  OF 
WHOM  THEY  OBTAINED  LIQUOR. — Whenever  any  person  within  this  State 
shall  be  found  in  such  a  state  of  intoxication  as  to  disturb  the  public  or  do- 
mestic tranquillity,  any  sheriff,  deputy  sheriff,  high  bailiff,  or  justice  of  the 
peace  for  the  county,  or  any  constable,  grand  juror,  or  selectman  of  the  town 
in  which  such  person  is  so  found,  may,  without  warrant,  and  it  is  hereby 
made  their  duty  to  apprehend  such  person  so  intoxicated,  and  take  and  re- 
tain him  in  custody,  at  the  expense  of  the  town  in  which  he  is  so  found,  in 
any  place  within  the  county,  in  the  discretion  of  the  officer  so  arresting, 
until,  in  the  opinion  of  such  officer,  the  person  so  detained  shall  be  capable 
of  testifying  properly  in  a  court  of  justice,  and  as  soon  as  may  be  there- 
after, bring  him  before  some  justice  of  the  county,  and  such  person,  so  found 
intoxicated,  shall,  on  oath  before  such  justice,  disclose  the  place  where,  and 
the  person  of  whom,  the  liquor  so  producing  intoxication  was  obtained,  and 
all  the  circumstances  attending  it ;  and,  on  the  refusal  or  neglect  of  such 
person  so  to  disclose,  he  may,  by  such  justice,  be  committed  to  the  common 
jail  of  the  county,  at  the  expense  of  the  town  in  which  he  was  so  found, 
until  he  shall  so  disclose,  or  by  said  justice  be  discharged.  And  in  case  said 
justice  shall  adjudge  from  the  evidence  that  the  sale,  furnishing,  or  giving 
away  of  said  liquor  was  an  offense  against  this  Act,  he  shall  forthwith  issue 
his  warrant,  and  cause  the  person  so  selling,  furnishing,  or  giving  away 
said  liquor,  to  be  brought  forthwith  before  him,  and  such  proceedings  shall 
be  had  in  the  case,  in  all  respects,  as  would  have  been  had  if  the  person  so 
offending  had  been  regularly  prosecuted  before  such  justice,  for  such  offense, 
in  the  manner  prescribed  in  this  Act.  And  any  person  resisting  the  arrest 
410 


OF  VERMONT. 


or  detention  of  such  person  so  found  intoxicated,  by  any  of  the  officers 
aforesaid,  shall  be  liable  to  the  same  penalties  as  are  provided  by  law  for  re- 
sisting a  sheriff  in  the  execution  of  a  legal  process. 

SKC.  23.  PENALTY  FOR  NEGLECT  OF  DUTY  BY  PUBLIC  OFFICERS. — 
Whenever  any  justice  of  the  peace,  grand  juror,  constable,  selectman,  county 
commissioner,  sheriif,  sheriff's  deputy,  State's  attorney,  or  other  officer, 
whose  duties  are  to  enforce  any  of  the  provisions  of  this  Act,  shall,  on  the 
proper  application  being  made  to  them,  or  either  of  them,  refuse  or  neglect 
to  do  and  perform  faithfully  their  respective  duties,  as  provided  in  this  Act, 
every  such  officer  so  refusing  or  neglecting  shall  be  subject  to  indictment 
or  information  by  the  grand  jury,  or  State's  attorney,  for  the  county  in 
which  such  officer  or  officers  aforesaid  refused  or  neglected  to  perform  his 
or  their  respective  duties ;  and  on  conviction  of  either  of  them,  the  person 
or  officer  so  convicted  shall  be  fined  a  sum  not  exceeding  five  hundred  dol- 
lars, nor  less  than  three  hundred  dollars,  in  the  discretion  of  the  court. 

SEC.  24.  GRAND  JURY  TO  MAKE  PRESENTMENTS. — It  shall  be  the  duty  of 
the  grand  jurors,  empannelled  before  the  several  country  courts,  to  inquire 
into,  and  present  all  violations  of  this  Act,  not  otherwise  prosecuted,  as  is 
hereinbefore  provided;  and  in  all  cases  so  commenced  before  the  county 
court,  the  fines  imposed  and  the  costs  incurred  shall  be  received  and  paid  by 
the  treasury  of  the  State. 

SEC.  25.  PENALTY  OF  STATE'S  ATTORNEY  FOR  SETTLING  WITH  OFFEND- 
ERS.— If  any  State's  attorney,  having  charge  of  any  case  for  violations  of 
this  Act,  shall  settle  with,  of  in  any  manner  release  any  such  offender, 
whose  case  is  in  process  of  adjudication,  before  the  court  shall  hear  and  de- 
termine the  same, "such  attorney  shall  be  subject  to  indictment  and  fine,  not 
exceeding  five  hundred  dollars,  nor  less  than  three  hundred  dollars,  in  the 
discretion  of  the  court. 

SEC.  26.  FORMER  ACTS  REPEALED. — All  acts,  and  parts  of  acts,  incon- 
sistent with  the  foregoing  provisions  of  this  Act,  are  hereby  repealed. 

SEC.  27.  WHEN  TO  TAKE  EFFECT. — The  foregoing  provisions  of  this  Act 
shall  take  effect  on  the  second  Tuesday  of  March  next ;  provided,  that  if  a 
majority  of  the  ballots  to  be  cast  as  hereinafter  provided  shall  be  "  no" 
then  this  Act  shall  take  effect  on  the  first  Monday  of  December,  A.D.  1853. 

SEC.  28.  PROVISIONS  FOR  EXPRESSION  OF  CHOICE  BY  FREEMEN. — 'A 
meeting  shall  be  warned  and  holden  on  the  second  Tuesday  of  February 
next,  at  the  usual  place  of  holding  the  annual  March  town  meetings  in  the 
several  towns  in  this  State,  agreeably  to  the  provisions  of  chapter  fifteen  of 
the  compiled  statutes,  at  which  the  freemen  of  this  State  may  express  their 
judgment  and  choice  in  regard  to  this  Act,  by  depositing  their  ballots,  in  a 
box  to  be  provided  for  that  purpose  by  the  presiding  officers  of  such  meet- 
ings respectively,  with  the  word  "  Yes"  or  "  No"  written  or  printed  thereon. 
And  the  returns  of  the  votes  on  this  question  shall  be  made  by  the  town 
clerks  of  the  several  towns  respectively,  to  the  county  clerks  of  their  re- 
spective counties,  within  one  week  from  said  second  Tuesday  in  February. 
And  the  several  county  Clerks  shall,  within  two  days  next  after  the  third 
Tuesday  in  February  next,  at  their  respective  offices,  canvass  the  votes  so 
returned,  and  as  soon  as  said  votes  are  so  canvassed,  they  shall  certify  and 
return  to  the  secretary  of  state  a  statement  of  such  canvass  of  the  votes  so 
returned  to  them. 

SEC.  29.  CANVASS  OF  VOTES. — On  the  fourth  Thursday  in  February  next 
the  secretary  of  state  shall  canvass  the  returns  so  made  to  him  by  the  county 
clerks,  and  within  five  days  thereafter  shall  issue  his  proclamation  certify- 
ing the  result  of  such  vote,  and  declaring  the  time  when  the  first  26  sections 

411 


PROHIBITORY  LAW  OF  VERMONT. 


of  this  Act  are  to  take  effect,  according  to  the  provisions  of  the  27th  section 
thereof. 

SEC.  30.  PROSECUTIONS  UNDER  FORMER  ACTS  NOT  AFFECTED. — No 
prosecution  or  other  legal  proceeding  which  has  been,  or  shall  hereafter  be, 
commenced  for  any  violation  of  the  provisions  of  chapter  eighty-seven  of  the 
compiled  statutes,  shall  be  prejudiced  or  affected  by  this  Act ;  and  all  li- 
censes granted  under  said  chapter,  while  the  same  continues  in  force,  shall 
have  effect  until  they  expire  by  their  own  limitation. 

SEC.  31.  FIRST  ELECTION  OF  COMMISSIONER. — In  case  the  first  26  sec- 
tions of  this  Act  shall  take  effect  on  the  second  Tuesday  of  March  next  by 
the  provisions  of  this  Act,  the  first  election  of  a  county  commissioner  for 
each  county,  as  provided  by  the  2d  section,  shall  be  made  on  the  second 
Tuesday  of  March  next,  at  meetings  to  be  held  on  that  day  in  the  several 
towns,  which  election  shall  be  made  and  conducted  as  is  provided  in  said 
2d  section;  and  the  returns  therein  provided  to  be  made  by  the  town 
clerks  shall  be  returned  to  the  county  clerks  within  one  week  after  such 
election ;  and  the  county  clerks  shall  on  the  third  Tuesday  of  March  next 
make  the  canvass  and  proceed  in  all  things  as  provided  in  said  2d  section ; 
and  the  county  commissioners  thus  elected  shall  hold  their  office  until  others 
are  elected  in  their  stead. 

Approved,  November  23,  1852. 
412 


THE 

PROHIBITORY   LIQUOR   LAW 

OF   THE 

SOCIETY    OF    FRIENDS. 


IN  consideration  of  the  corrupting  and  ruinons  effects  occasioned  by  the 
importation  and  sale  of  ardent  spirits,  which  produce  intemperance  and 
leads  to  the  impoverishment  of  many,  the  injury  of  the  constitution  and 
mind  of  many  more,  and  the  increase  of  vice  and  dissoluteness  in  the  land, 
it  is  earnestly  desired  that  none  of  our  members  may  contribute  to  this 
great  evil  by  being  concerned  in  importing,  distilling,  or  vending  ardent 
spirits,  or  selling  their  grain  or  other  produce  for  the  purpose  of  distilla- 
tion ;  but  if  any  should  so  far  disregard  the  concern  of  the  Society  and  the 
labor  of  their  friends  as  to  continue  in  either  of  these  practices,  and  can  not 
be  brought  to  such  a  sense  of  their  misconduct  as  to  desist  from  it,  they  are 
to  be  disowned. 

Friends  should  carefully  avoid  vain  and  idle  company,  tippling  and  sip- 
ping drams  and  strong  drinks ;  for  though  such  as  are  in  these  evil  prac- 
tices may  not  suddenly  become  drunkards  to  the  greatest  degree,  yet  they 
are  often  led  on  to  the  greatest  transgressions,  and  even  some  who  have  had 
the  good  example  of  virtuous  parents,  from  small  beginnings  arrived  to  a 
shameful  excess,  to  the  reproach  and  ruin  of  themselves  and  the  great  in- 
jury of  their  families.* 

The  following  question  is  put  to  each  Society,  to  which  a 
written  answer  is  required  four  times  a  year  : 

Do  Friends  avoid  the  use  of  distilled  spirituous  liquors,  excepting  for  pur- 
poses strictly  medicinal,  and  are  they  clear  of  frequenting  taverns  and  of 
attending  places  of  diversion  ? 

The  Friendf  who  kindly  furnished  us  with  the  above  facts, 
and  who  has  been  a  member  of  the  Society  of  Friends  forty- 
three  years,  adds  : 

Of  the  long  standing  I  have  had  in  the  Society  of  Friends,  there  has  never 
come  to  my  knowledge  of  but  one  case  where  a  member  of  the  Society  has 
knowingly  sold  grain  to  a  distiller ;  nor  have  any  pecuniary  losses  accrued 
to  any  of  its  members  who  are,  in  the  country,  nearly  all  husbandmen,  and, 
like  others  of  the  same  occupation,  depend  upon  the  best  market  for  the  sale 
of  their  produce. 

*  Discipline  of  the  Society  of  Friends,  p.  50.  t  N.  To  WEB,  Farmington,  Mich. 

413 


PROHIBITORY    LIQUOR   LAWS 

OF    THE 

UNITED    STATES. 


AN  ACT 

To  regulate  trade  and  intercourse  with  the  Indian  tribes,  and  to  preserve 
peace  on  the  frontiers. 

SEC.  21.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be  authorized  to  take  such  measures  from  time  to  time  as  to  him  may 
appear  expedient  to  prevent  or  restrain  the  vending  or  distributing  of  spir- 
ituous liquors  among  all  or  any  of  the  said  Indian  tribes,  any  thing  herein 
contained  to  the  contrary  thereof  notwithstanding. 

APPROVED  March  30th,  1802. 

AN  ACT 

To  fix  the  compensations  and  increase  the  responsibility  of  the  collectors 
of  the  direct  tax  and  internal  duties,  and  for  other  purposes  connected 
with  the  collection  thereof. 

SEC.  20.  And  be  it  further  enacted,  That  any  person  who  shall,  after  the 
thirtieth  day  of  June  next,  erect,  or  cause  to  be  erected,  any  still,  or  boiler, 
or  other  vessel  used  or  intended  to  be  used  in  the  distillation  of  spirituous 
liquors,  or  who  shall  so  use  any  still,  or  boiler,  or  other  vessel  in  any  part 
of  the  United  States  beyond  the  then  existing  boundary  line  established  by 
law  between  the  United  States  and  the  Indian  tribes,  or  who  shall  be  the 
owner,  agent,  or  superintendent  thereof,  shall  forfeit  and  pay  the  sum  of 
five  thousand  dollars,  together  with  the  said  still,  boiler,  or  other  vessel, 
and  the  spirits  distilled  therein ;  one  moiety  of  which  shall  be  for  the  use 
of  the  informer,  and  the  other  for  the  use  of  the  United  States.  And  for 
any  violations  hereof  the  same  course  may  and  shall  be  pursued  that  is  pre- 
scribed by  the  act  passed  the  thirtieth  of  March,  one  thousand  eight  hun- 
dred and  two,  entitled,  "  An  act  to  regulate  trade  and  intercourse  with  the 
Indian  tribes,  and  to  preserve  peace  on  the  frontiers,"  for  violations  there- 
of ;  and  the  courts  specified  therein  shall  have  like  jurisdiction.  And  the 
same  authority  that  is  given  by  the  said  act  to  apprehend  and  remove  per- 
sons found  in  violation  thereof  shall  apply  and  extend  to  the  said  stills,  boil- 
ers, or  other  vessels,  and  the  spirits  distilled  therein  which  may  be  seized 
and  removed  in  like  manner.  And  all  spirits  which  shall  have  been,  or 
which  hereafter  shall  be,  so  distilled  beyond  the  said  boundary  line,  which 
414 


LAWS  OF  THE   UNITED  STATES. 


shall  be  brought  into  the  limits  of  a  collection  district,  may  and  shall  be 
seized  and  forfeited,  and  the  person  so  introducing  the  same  shall,  more- 
over, forfeit  and  pay  one  thousand  dollars ;  one  moiety  of  which  shall  be 
for  the  use  of  the  informer,  and  the  other  for  the  use  of  the  United  States  : 
Provided,  nevertheless,  that  no  person  who  shall  have  removed  his  still  out 
of  one  collection  district  into  another  shall  be  liable  to  take  out  another  li- 
cense during  the  period  of  any  existing  license  obtained  for  the  same. 

SEC.  21.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  col- 
lectors of  direct  tax  and  internal  duties  to  prosecute  for  breaches  of  the  pro- 
visions contained  in  the  two  preceding  sections. 

APPROVED  March  3d,  1815. 

AN  ACT 

To  amend  an  act  entitled  "  Jin  act  to  regulate  trade  and  intercourse 
with  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers,"  ap- 
proved thirtieth  of  JVfarch,  one  thousand  eight  hundred  and  two. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 
the  President  of  the  United  States,  in  execution  of  the  power  vested  in  him 
by  the  twenty-first  section  of  the  act  of  the  thirtieth  of  March,  one  thou- 
sand eight  hundred  and  two,  aforesaid,  to  which  this  is  an  amendment,  to 
direct  Indian  agents,  governors  of  territories  acting  as  superintendents  of 
Indian  affairs,  and  military  officers,  to  cause  the  stores  and  packages  of 
goods  of  all  traders  to  be  searched,  upon  suspicion  or  information  that 
ardent  spirits  are  carried  into  the  Indian  countries  by  said  traders  in  vio- 
lation of  the  said  twenty-first  section  of  the  act  to  which  this  is  an  amend- 
ment ;  and  if  any  ardent  spirits  shall  be  so  found,  all  the  goods  of  the  said 
traders  shall  be  forfeited,  one  half  to  the  use  of  the  informer,  and  the  other 
half  to  the  use  of  the  government,  his  license  canceled,  and  bond  put  in  suit. 

APPROVED  May  6th,  1822. 

415 


INDEX 


TO   THE 


LIFE    OF    HON.    NEAL    DOW 


Page 

Act  of  1846  not  efficient 19 

Advocacy,  First,  of  prohibition 15 

Authorities,  Refusal  of,  to  grant  licenses.  16 

Banquet  at  New  York 83 

"         Philadelphia 38 

Blow,  The  first 19 

Board  of  aldermen 42 

CARTER,  Judge,  Decision  of 62 

CART,  Senator,  Opposition  of 28 

Character  of  NEAL  Dow  assailed 61 

Circle  of  friends  and  coadjutors 66 

City  agency,  Establishment  of 51 

Committee  of  Inquiry 63 

Conspiracy  and  riot,  Account  of  the  ..51-64 

Contrivances  of  Irish  liquor  sellers 50 

Coroner's  inquest 62 

"  "      of  the  rum  party 63 

Defeat  of  party  politicians 24 

Difficulties  and  how  they  were  met 20 

Direct  vote  of  the  people 15, 16 

Domestic  and  social  relations 65 

Early  enforcement  of  the  law 29 

"      failure  in  the  legislature 17 

Indiscretion,  not  substantiated 68 

Influential  citizens,  Early  apathy  of 22 

Irish  and  German  population,  Opposition 

of 29 

Maine  Law,  Passage  of,  in  1851 28 

"     State  Temperance  Society  sustain- 
ing NKAL  Dow 65 

Mayoralty,  Termination  of 34 

Military  companies,  Condition  of 55 

Misrepresentations  in  the  State  of  Maine  52 

Mirror,  A,  which  shows  the  future 47 

Municipal  court.  Abolition  of 50 

"         regulations 16 

NEAL  Dow  appears  before  the  legisla- 
ture   18, 19,  21,  23,  23 

NEAL  Dow  becomes  attached  to  the  cause  11 

"       mayor 23 

Convictions  of 12 

Defeat  of 35 

devotes  his  life  to  the  cause  . .  15 

Father  of 65 

First  victory  of 16 

Future  of 67 


Page 

NEAL  Dow  labors  to  change  public  opinion  14 
"         Letter  of,  to  Mass,  legislature.  36 

"         Occupation  of,  in  youth 10 

"         Personal  safety  of 20 

"         Parentage  and  birth  of 10 

"         Position  of 25 

"         Ee-election  of,  as  mayor 47 

"         Eesidenceof 66 

"         sustained  by  N.  York  State 

Temperance  Society 64 

New  Maine  Law,  Passage  of 40 

Non-residents  voting  in  Portland 85 

Official  deliberation 60 

"      duties,  Performance  of 48 

Opposition,  Elements  of 24 

Passage  of  the  law  of  1846 19 

Petitions  to  the  legislature 17, 18 

Police  court,  Establishment  of 50 

"     Quarterly  arrangement  with  .....  50 

Portland  city,  Moral  condition  of 6S 

Politics  of 41,47 

Sketch  of 9 

sustaining  NEAL  Dow 65 

Prohibition  and  party  politics 21 

Prosecution  against  NEAL  Dow 53 

Public  agitation 16, 18 

Eepeal,  Abortive  attempt  at 21 

Eiot  projected  long  before 60 

"  Eum  party,  The  honorable" 41 

Eumsellers  seeing  their  danger 15 

BOBBINS,  Death  of,  the  ringleader 57 

Successor  to  NEAL  Dow 89 

Success,  Secret  of 23 

Seizure,  The  first 30 

State  legislation 17 

Testimonial  from  Bangor 31 

"  Biddeford 64 

"  New  Jersey 87 

"  New  York 33 

"  Pennsylvania 89 

"  Portland 21 

Tour  in  the  North  and  West 85 

Traffic,  The,  no  benefit  to  the  community  12 

Veto  of  Governor  DANA  in  1849 22 

Washingtonian  movement 14, 15 

WILLIAMS,  EOYAL,  Conduct  of 54 

417 


INDEX 


HISTORY  OF  LIQUOR  PROHIBITION. 


Page 

Alabama 72 

Area  of  prohibition  in  the  United  States  92 

Arkansas 72 

Australia 94 

Baltimore,  Triumph  in 78 

Bill  for  better  protection  of  life  and  prop- 
erty in  D.  C 73 

Brooklyn  and  Mayor  HALL 82 

California 72 

Canada 94 

Columbia,  District  of 72 

Comprehensive  view  of  the  United  States  88 

Connecticut 73 

"         liquor  law,  by  whom  perfected  73 
Congress  can  not  long  withstand  public 

opinion 92 

Congress,  Disorder  in,  caused  by  liquor.  73 

Delaware 74 

"       enacted  the   second   prohibit- 
ory law 74 

Drunkard's  testimony,  Restraining  power 

on,  in  Vermont 86 

Florida 75 

France 95 

Georgia 75 

Great  Britain 95 

Illinois 75 

Importation  of  foreign  liquors 88 

Indiana 76 

Indian  Territory 76 

Iowa 77 

JACKSON,  General,  a  prohibitionist 76 

Kanzas 77 

Kentucky 77 

Licenses  refused  at  Monticello 80 

"  "        "   Newark 81 

"     Raising  the  price  of,  in  Kentucky  77 

Louisiana 77 

Maine 77 

Majorities  for  prohibition 92 

Majority  of  citizens,  Certain,  for  prohibition  92 

Maryland 78 

Massachusetts 78 

Michigan 79 

Minnesota 79 

Mississippi 79 

418 


Page 

Missouri 80 

Nebraska 80 

•'        No  liquor  sold  in 80 

New  Brunswick 96 

New  Hampshire 80 

New  Jersey 81 

"         Carson  League  in 81 

New  Mexico 80 

New  York 81 

"        "    city,  and  Mayor  WOOD 82 

"        "    Veto  of  Governor  SEYMOUR  in  81 

North  Carolina 82 

Nova  Scotia 97 

Number  of  prohibitory  States,  etc 92 

Ohio S3 

"    Enemies  disappointed  in 84 

Oregon 83 

People,  The  work  accomplished  by  the..  93 

Pennsylvania 84 

"  Contest  in 84 

Power  of  Congress  to  prohibit  the  import- 
ation of  liquors 88 

Prince  Edward's  Island 97 

Prohibitory  movements  consistent  with 

republican  governments 71 

Rhode  Island 85 

Salt  Lake  City,  Prohibition  in 86 

Sandwich  Islands 97 

South  Carolina 85 

"  "        Municipal  prohibition  in  *  85 

Statistical  Society,  Maine  Law 93 

Sunday  Liquor  Law  in  Missouri 80 

Sweden  and  Finland 97 

Synoptical  table  of  the  United  States 90 

Tennessee 85 

Texas 86 

Union,  Necessity  for 93 

United  States 71-93 

'!         "      Remarks  concerning  the  .  93 

Utah 86 

Vermont 86 

Virginia 87 

Washington  city 72 

"  Territory 87 

Wisconsin 87 

"       Veto  of  the  governor  in 87 


INDEX 


KESULTS  OF   PROHIBITION, 


Addison  (Vt.) 234 

Addison  County  (Vt.) 283 

Advancing  civilization,  The  law  neces- 
sary to 282 

Affecting  incidents 202 

Allegan  (Mich.) 261 

Allegan  County  (Mich.) 261 

Alms-house,  Effects  on  the 173 

"          returns 174 

"          statistics 179 

Amherst  (Me.) 193 

Andover  (Mass.) 233 

Arrest  and  convictions 139 

Ashland  (Mass.) 241 

Auburn  (Me.) 167 

Augusta  (Me.) 195 

Bangor  (Me.) 208 

Baring  (Me.) 217 

Barn  burned 236 

Beneficial  to  the  community,  The  Law.  254 

Bernardston  (Mass.) 235 

Berkshire  County  (Mass.) 228 

Bethel  (Me.) 204 

"       Situation  of 204 

Biddeford  (Me.) 218 

Blackstone  (Mass.) 252 

Blessed  thing,  The  most 131 

Blessing,  A  great 293 

The  greatest  earthly 119 

Bloated  faces 129 

Booth  Bay  (Me.) 198 

Boston  (Mass.) 249 

Boston,  Communication  with 216 

Bowdoinham  f Me,) 199 

Braggadocio  of  the  enemy 294 

Brawls,  No  drunken 105 

Brighton  (Me.) 212 

Bristol  County  (Mass.) 230 

Brooklin  (Me.) 193 

Burke  ( Vt.) 286 

Burlington  (Vt.) 288 

Business,  Quit  the 156 

Business,  Wholesale 171 

Butler's  Hospital 276 

Calais  (Me. ) 217 

Caledonia  County  (Vt.) 285 

Cambridge  (Mass.) 242 

Canaan  (Ct.) 122 

Canterbury  (Ct.) 137 

Canton  (Ct.) 114 

"      (Mass.) 246 


Page 

Carson  Leagues 109,  114,  254 

Castle,  A  man's  house  is  his 102 

Castle,  No  danger  to  the  poor  man's  ...  112 

Castleton  (Vt.) 292 

Cause,  A  veteran  in  the 130 

Cause  gaining  ground,  The 141 

Central  Village  (Ct.)  148 

Change,  A  marked 208,  268 

Change,  The 212 

Character,  A  reformed 242 

Cheerful  and  quiet  submission 173 

Cheering  facts 156 

Children,  Neighbor's 149 

China  (Me.) 195 

Chittenden  County  (Vt.) 287 

Church,  Attend,  at  Fairfleld  Co.  (Ct.)  . .  112 
"  "      Hartford     "       "          ..  115 

"  "     Litchfield   "       "          ..  123 

"     Middlesex "       "        129,133 
"  "     N.  Haven  "       "          . .  138 

"  «     N.  Lond.    "       "143,144,145 

"  "     Windham"       "          ..  149 

"  "     Cumberland  Co.(Me.)...  183 

"  "     Franklin        "      "    191,  192 

"  "     Hancock       "      "      ...  194 

"  "     Lincoln         «      "      ...  200 

"  "     Oxford  "      «     205, 206 

"  "     Penobscot      "      "      ...  209 

«•  "     Somerset       "      •«     ...  213 

"  "      Waldo  "      «     215,  216 

"     Middlesex     "  (Mass.)  . .  244 
"  "     Norfolk         "       "...  247 

"  "      Plymouth      "        "     ..     248 

"  "     Worcester      «       "  253,  254 

"  «      Allegan          "(Mich.)...  262 

"  «     Washington  "(K.  I.)...  278- 

"  «     Addison         «  (Vt.)  ....  284 

"  «     Caledonia       "    "      286 

Churches  erected,  New 1ST 

Clergy,  The 250 

Clinton  (Ct.)  128 

Closely  watched 246 

Colchester  (Ct.) 142 

Coleraine  (Mass.) 235 

College  government  more  easy 140 

Committee,  Vigilance 290 

Community,  A  sober 210 

Concealment,  Novel  modes  of 1TI 

Condition  of  the  town  (Canton) 114 

Confiscation  and  seizure 155 

Connecticut  Liquor  Law 121 

419 


INDEX. 


Page. 

Connecticut  Liquor  Law,  Wisdom,  pow- 
er, and  efficiency  of 110 

Connecticut,  Eesultsof  prohibition  in  99-149 

Constant  vigilance 176 

Consummation,  The 105 

Contrast,  The 185 

Convert,  A  senatorial 128 

Convict  labor.  Scarcity  of 108 

Convictions  (Vt.) 287 

for  selling  liquor  (Me.) 176 

"          The  recent  (Mass.) 253 

"          under  the  law  (Mass.) 229 

Co-operation  of  other  S.ates 168 

County  jail,  The  Providence  (E.  I.) 274 

"        "    The  Washington  (E.  I.)  ...  278 

Coventry  (Ct.) 146 

Cowardice  of  wrong 105 

ifCredit 128 

Crime,  Fairfleld  County  (Ct.) 104 


Hartford 

Litehfleld  "         « 
Middlesex"         ' 
N.  Haven  "         « 
N.Lond.    «         ' 
Tolland      "         « 
Wind  ham  "         ' 
Franklin   "(Me.) 
Lincoln     "    " 
Oxford       "    « 
Penobscot "    " 
Somerset   "    " 
Waldo 
Barnst. 
Berkshire 
Bristol       " 
Essex        " 
Franklin  " 
Middlesex" 
Norfolk     " 
Plymouth  " 
Worcester  " 
Oakland     "(Mich.)... 
Provid.       "  (R.  I.)  . . . 
Washing!."       "       ... 
Addison    "  (Tt)      ... 
Caledonia "     " 


;  (Mass.) 


115, 120 

128,125 

...128, 131, 132 

135 

..143,144,  145 

146 

147,  148 

192 

199,  201 

204,  205 

209,  211 

212,213 

215 

228 

229 

..  231 


236 

241,  242,  243,  244 

246,247 

248 

253,254 

..  268 
..  276 
..  27S 
..  284 
..  286 


Before  prohibition  commenced.  232 

In  the  State  (Vt) 286 

Pauperism,  moral  suasion,  etc..  202 

Since  prohibition  triumphed 232 

The  traffic  a 153 

Criminal  business 238 

Criminal  prosecutions 142 

Cumberland  County  (Me.) 164 

Cured  and  restored 118 

Darien  (Ct.) Ill 

Deaths,  Number  of 175 

Decision  of  Judge  CURTIS 273 

"        of  the  Supreme  Court  (Mass.) . .  222 

Decree  in  relation  to  non-residents 250 

Dens  of  iniquity  closed 143 

Destitude  made  glad,  Homes  of  the  ...  148 

Dexter  (Me.) 209 

Difficulty,  A  liquor  dealer  in 242 

Difficulty,  A  mariner  in 137 

Dissipation,  Bibles  in  the  place  of 199 

Distiller,  A  nervous 120 

420 


Distilleries 120,  171 

Distillery  in  ruins 170 

Distress,  Eelieving 135 

Dixmount  (Me.) 209 

Domestic  comfort 125 

life,  Sanctity  of 106 

Dramselling  suppressed 139 

Dram-shops  closed 218 

Drinking  diminished 117 

"         disreputable 291 

"         Horrible  effects  of 263 

"        Less 121 

"         Eeduction  of 239 

"         Secret 212 

Drunkards,  Absence  of 143 

"         decreased  ten  to  one 117 

'•         reformed,  All  the 144 

"         seldom  seen ".  112 

Drunkenness,  Absence  of 244,  285 

diminished 200,  208,  242 

disappeared 132, 144 

in  the  streets,  Abolitiou  of  195 

in  the  streets,  No 125 

No 290 

obliterated     in     country 

towns 225 

Duke's  County  (Mass.) 231 

Durham  (Ct.) 128 

"        Centre  (Ct.) 129 

"        West       "    167 

East  Haddam         "    129 

Education  168 

Effects  on  young  men 239 

Elections,  The 214 

"         The,  in  Portland 182 

"         The,  once  corrupted  and  con- 
trolled by  liquor 130 

Employment,  Physicians,  lawyers,  and 

doctors  short  of 183 

Enfleld  (Ct.) 114 

Enforce  the  law.  Power  required  to 283 

Enforcing  the  law,  No  difficulty  in 294 

Essex  County  (Mass.) 233 

Eternal  Vigilance 158 

Etna  (Me.) 208 

Every  town  in  the  county 192 

Evidence,  Presumptive 103 

Expectations  exceeded 246 

Expenses,  Town 129 

Ex-rumsellers,  Tricks  of 106 

Fairfleld  County  (Ct.) Ill 

Fair,  New  Haven  Agricultural 139 

Fall  Eiver  (Mass.) 231 

Falls  Village  (Ct.) 122 

Families  provided  for 120 

"       relieved 187 

"        supplied  with  comforts 104 

Family  made  happy,  A 118 

Farmington  (Mich) 268 

Fayettek(Me.) 196 

Fifteen  years'  prohibition 192 

Fines  and  costs 176 

Fires,  Alarms  of,  etc 175 

Fireside,  No  invasions  of  the 291 

Foreigners 170-177 

Forfeitures    of   property  a   customary 
penalty 102 


INDEX. 


Fourth  of  July  gatherings 195 

Franklin  County  (Me.) 191 

"  (Mass.) 234 

Good  citizens  attracted  to  a  Maine  Law 

State 260 

Good  effects  on  families 196,  246 

Governor,  Election  of  (Me.) 154, 169 

Grand  Jury,  Testimony  of  the 288 

Green  (Me.) 196 

Greenfield  (Mass.) 236 

G  raggeries  closed,  and  the  results 

115, 149,  237,  276,  289 

Groggeries,  Loss  of  time  at 214 

Grog  shops,  Three  hundred,  extinguish- 
ed in  a  day 170 

Haddam  (Ct.) 130 

Hampden  County  (Mass.) 237 

Hampshire  County     "      239 

Hancock  County  (Me.) 193 

H  ardest  cases  improved 209 

Hartford  City  (Ct.) 115 

Harwich  County  (Mass.) 227 

House  of  correction 176, 180,  242 

Howell  (Mich.) 266 

Idleness,  Lounging  and 112 

Imports,  Prohibition  of 273 

Imprisonment  for  first  offense 153 

Improved,  The  condition  of  families. ..  145 

Improvement  among  fishermen 227 

Domestic 116 

in  dress,  etc 126 

in  the  foreign  population  156 

of  countenances Ill 

Industry 210 

"        and  economy 118 

"        frugality,  etc 204 

"        intelligence,  and  morality 204 

"       Trade  and ,  ..  112 

Insanity .   .  129 

Intemperance  a  subject  for  legislation . .  222 

An  island  free  from 233 

diminished 121 

No  appearance  of 126 

reclaimed  from,  Fairfield 

County  (Ct.) 112 

"  Hartford     "     ..114,119,120 

"  Litchfield    "     123, 125 

"  Middlesex  "  128, 129, 130, 131 

New  Haven  (Ct.) 135 

New  London  "    142, 143, 145 
11  Tolland  "........  146 

"  Windham        " 148,149 

"  Cumberland    Co.    (Me.) 

.167,  168, 169,  173,  187, 188 
Franklin  Co.  (Me) . .  .191,  192 

«  Hancock  "       "     194 

11  Kennebeck  Co.  (Me.)  196, 197 

"  Lincoln         «      "     200,201, 

202 

•*  Oxford  '•      "    204,205, 


Penobscot     "      "     ....  210 
«  Somerset       "      "      212,213 

"  Waldo  «      «     ....  215 

"  reclaimed    from,    Berk- 

shire Co.  (Mass.).--  229 
«  Franklin     «        "        ..  235 


Page 

Intemperance,  Middlesex  Co.  (Mass.)  . .  243 

"  Norfolk       "        "     246,247 

Plymouth    "         "      ...  248 

"  Allegan  Co.  (Mich.)     ...  262 

"  "Washington  Co.  (R.  I )  ..  278 

"  Addison  Co.  (Vt.) 2S4 

"  Caledonia"     "     286 

"  Windsor    "     "     295 

Intemperate  persons,  Committals  of  ...  172 

Intoxication,  But  one  instance  of 131 

"  Cases  of 240 

Jail  and  alms-house 147 

"    and  watch-house,  New  Haven  City  136 
"    Commitments  to  the  Cumberland 

County  (Me.) 165 

"    Lowell 243 

"    Tenantless 285 

Jailer  out  of  business 142 

Jails  and  alms-houses 114 

Jamestown  (R.  I.) 273 

Joining  the  church 196 

Joy,  Weeping  for 156 

Kalamazoo  County  (Mich.) 264 

Kennebeck  County  (Me.) 194 

Kept  sober 156,  284 

Killingworth  (Ct) 131 

Kingston  (R.  I ) 27S 

"  "      Extent  of 278 

"  "      Former  character  of. . .  278 

Ladies  unanimous.  The 105 

Lanesborough  (Mass.) 228 

Law,  Advantages  of  the  Connecticut  . .  115 

"    Amendment  of  the 234,  273,  287 

"    An  efficient 234 

"    Catholic  bishop  in  favor  of  the  ...  2S9 

"    Commitments  under  the 290 

"    Convictions  under  the 249 

"    Economy  of  the 290 

Enforcement  of  the 167,  208,  283 

General  effect  of  the 271 


has  accomplished,  What  the  . . 

Influence  of  the 

Infractions  of  the 

More  vigilant  execution  of  the  . . , 

No  inducements  to  resist  the 

No  necessity  to  enforce  the 

Observance  of  the 

requires  additional  powers , 

The  new  better  than  the  old 


154 
281 
139 
244 
171 
237 
133 
294 
229 


"    Uniformity  of  the  ...............  155 

"    Violation  of  the  .................  115" 

'«    Working  of  the  ..........  143,  219,  294 

"    working  well,  The  ...............  288 

Lee  (Mass.)  ..........................  229 

Legislators  all  temperance  men  .......  IS 

License  laws  enforced  ................  227 

Licenses  abolished  ....................  262 

"        refused  .....................  227 

Licentiousness  .......................  184 

Lincoln  County  (Me.)  ................  198 

Liquor  as  a  medicine  .................  167 

"      Consumption  of  .......  174,  1S6,  197 

"      Consumption  of,  diminished  .  .  .  155 
"      Importat'u  of,  must  be  prohibited  160 
"      importation  stopped  ...........  228 

"      in  Blackstone  (Mass.),  Cost  of  .  .  252 
"     Laeteffectsof  .................  126 

421 


INDEX. 


Liquor  merchants  becoming  friends  ...  289 

"     No  sale  of 146 

"      Old  stock  of 128 

"      Open  sale  suppressed 225 

"      otherwise  obtained 218 

prevented,  Open  sales  of 254 

"      privately  procured 180 

"      Public  sale  of 196 

"      Bale  of 208 

«      Seizure  of 212 

«      Clandestine  sale  of 216 

"      Classes  free  from 140 

Liquor-selling  fallen  into  disrepute 231 

Liquors  prohibited,  Public  sale  of 170 

Liquor  too  accessible 129 

•«      Traffic,  A  better  trade  than  the..  199 
"      Traffic,  superseded    by   honest 

trade 187 

Litchfield  (Ct.) 123 

Litchfleld  County  (Ct) 122 

Litigations 284 

Livermore  (Me.) 205 

"          Falls 205 

Livingston  County  (Mich.) 205 

Lowell  (Mass.) 242 

Ludlow  (Vt) 295 

Lumbering  interest  and  its  effects,  The.  210 

Machias  (Me.) 218 

Maine  Law  a  blessing 216 

"    Additional  provisions  in  the  172 

"    Among  the  lumbermen 208 

"    A  convert  to  the 203 

"  a  part  of  the  criminal  code  230 
"  A  woman's  blessing  for  the  126 

'    Benefits  of  the 196 

"    by    the   people,  Eeception 

of  the :....  171 

"    Constitutionality  of  the 100 

"  Convictions  for  violating  the  229 
"  Convictions  under  the.. 253,  270 
"  Difficulties  in  the  way  of 

enforcing  the 207 

"    Economy  "of  the 213 

"    effect  on  a  colored  man 148 

"    Effects  of  the 143,145 

"    effects  on  the  police  depart- 
ment    172 

"    enforced 114,  236,  247 

"    Enforcement  of  121, 150,  211,  213 

"    etiquette 266 

"  Evasion  of  the  ...  .154, 168,  171 
"  Expenses  of  enforcing  the..  178 

"    Direct  occasion  of  the 105 

"    Fatal  results  of  evading  the  129 

«    fees 213 

"    Fined  for  violation  of  the. .  149 

"    friends  increasing 137 

"    from  Heaven,  The. 117 

"    General  benefits  of  the    ...  121 

"    generally  approved 156 

"    General  results  of  the  .   ...  156 

"    has  worked  well 155 

"    hospitality 107 

"    Improvement  in  the 158 

"    in  Connecticut,  Success  of 

the 141 

"    Influence  of  the 129 

422 


Maine  Law  Moral  influence  of  the 277 

"         "    Necessity  of  the 186 

"         "    never  recedes  in  public  esti- 
mation        272 

"         "    Observance  of  the 235 

"          "    of  God,  The 250 

"          "    on   Yale  College  students, 

Effect  of  the 139 

M         "    on  the  habits  of  the  people, 

Effects  of  the 109 

"          "    Opposition  to  the 130,  272 

"          "    Party  opposition  to  the 131 

;'    Popularity  of  the 144,  240 

Preparation  for  the 125 

Proper  form  for  a 260 

'    Public  regard  for  the 174 

"         "    Eegular  enforcement  of  the  174 

"    Eepeal  of  the 144 

"         "    sustained  by  the  reclaimed.  130 

"         "    Sustaining  the 129,152 

"          "    Thorough  execution  of  the.  144 

"          "    town,  A 126 

"          "    Valueofthe 118,120 

"          "    Working  of  the 114,240 

Maine,  Eesults  of  prohibition  in 151-220 

Marshfleld  (Mass  ) 248 

Martha's  Vineyard  (Mass.) 232 

Massachusetts  law,  Perfection  of  the. .     222 

Eesults  in 221-256 

Maternal  thankfulness 128 

Meetings,  Camp 195 

"        Town 183 

"        Undisturbed 173 

Meriden  (Ct.) 135 

Methodist  Episcopal  preachers,  Testi- 
mony of 141 

Michigan,  A  new  liquor  law  for 258 

"         Liquor  Law,  Nullification  of  259 
';         Eesults  of  prohibition  in. .  257-270 

Middlesex  County  (Ct.) 1-^7 

"  "      (Mass.) 241 

Milford  (Mass.) 253 

Minot  (Me.) 168 

Moderate  drinkers,  Improvement  in.. .  143 

Monroe  (Me.) 215 

Montville  (Ct.) 142 

Morality  increased 200 

Morals,  Public 235 

Moral  State,  The  most 1<>9 

Murder,  A 244 

NEAL  Dow — how  defeated 1 81 

Neglect  of  the  authorities 234 

New  Britain  (Ct.) 118 

Newburyport  (Mass.) 234 

Newcastle  (Me.)  .   200 

New  city  government 254 

New  Gloucester  (Me.) 169 

New  Haven  City  (Ct.) 135 

New  Haven  Co.,     "    133 

New  London,          "    143 

«  "      Co.,    "    140 

Newport  County  (E.  I.)  273 

New  Sharon  (Me.) 192 

New  York,  Sending  to 293 

No  liquor  sold 212 

No  pr<  secutions 119 

Norfolk  (Ct.) 126 


INDEX. 


Norfolk  Comity  (Mass.) 245 

North  Adams         "        230 

N..riii  Dlxinount(Me.) 209 

North  Reading  (Mass.) 245 

Nonvalk  (Ct.) Ill 

Norwich    "     143 

Number,  Greatest  good  to  the  greatest. .  275 

Oakland  County  (Mich.) 268 

Obtaining  liquor  under  false  pretenses  .  188 

Official  dereliction 211 

Oldtown  (Me.) 210 

Open  liquor-selling  stopped 229 

Operation  of  the  former  law 265 

Opponent,  Confession  of  an 132 

Opponents  becoming  friends 118,  288 

"          in  Maine,  Principal 163 

Opposition 105, 121, 155,  293 

"          Bitter 282 

"         from  the  clergy 296 

"          giving  way 132 

"         of  JOHN  L.  POOK 1S9 

"         Temporary 282 

Order  and  quietness 119, 156 

Otsego  (Mich.) 263 

Otsego  women  vindicated,  The 262 

Our  expectation  and  encouragements. .  214 

Oxford  County  (Me.) 203 

Palmyra  (Me.) 213 

Paupers  kept  sober 176 

Peace  of  the  suburbs ". 116 

Penalties  of  the  old  law  too  light 274 

Penitentiary.  The 285 

Penobscot  County  (Me.) 2C6 

People  of  New  England,  The 105 

People's  own  work 155 

People,  Submitted  to  the 257 

People's  voice,  The 229 

People,  The  vote  of  the 258 

Perfectly  sober 285 

Period  of  enforcement  in  Connecticut: 

Fairfield  County 104,  111 

Hartford      "     114.115,118,119,120,121 


Litchfield 
Middlesex 
N.  Haven 
N.  London 
Tolland 
Windham 


122,125,126 

,  128,  129,  130,  181,  132 

135,138 

, 142,  143,  144 

146 

.147, 148 


Period  of  enforcement  in  Maine: 

Cumberland  County  .  .165, 167, 163, 169 

Franklin  "        192 

Hancock  "        193 

Kennebeck        «       195,196 

Lincoln  "       200,201 

Oxford  «        204,205 

Penobscot          "        208  209, 210 

Somerset  "        212,213 

Waldo  "        215,216 

Washington      "       217 

Period  of  enforcement  in  Massachusetts : 

Berkshire  County :223.  229 

Bristol  "        231 

Duke's  "        233 

Franklin        "       ' 236 

Hampden      " 


Middlesex 
Worcester 


....  233 
...  242 
252,  254 


Paga 
Period  of  enforcement  in  Michigan  : 

Allegan  County 258,  262 

Oakland      •'        262 

Period  of  enforcement  in  Ehode  Island  271 
Period  of  enforcement  in  Vermont  : 

Addisori  County 284 

Caledonia    "      286 

Rutland       "      293 

Windsor      "       295 

Period  of  operation  in  Massachusetts : 

Essex  County 234 

Middlesex  County 241,  243,  244 

Norfolk  "      247 

Plymouth        "       248 

Worcester       "      253 

Period  of  operation  in  Rhode  Island : 

Newport  County 274 

Personal  experience 268 

'•        appearances 133 

Pi ttsfleld  (Vt.) 293 

Plainville  (Ct.) 118 

Plymouth  County  (Mass.) r  247 

Pinckney  (Mich.) 267 

Police  have  little  to  do,  The 172 

"     report,  Lowell 243 

Political  death 155 

"        opposition 250 

Politics 248 

Poor,  Appearance  of  the 147 

Poor,  Opinion  of  the    1S5 

Popular,  when  enforced 223 

Population  increased  by  the  Maine  Law  262 

Port  Huron  (Mich.) 270 

Portland  (Me.) 169 

Position  of  workingmen 251 

Power,  The  Maine  Law  gives 216 

Preston  (Ct.) 144 

Prevention  better  than  cure .   275 

Prison  cells  to  let 142 

"     New  Haven  City 136 

"     New  London  County 141 

Prisons  becoming  tenantless 105 

Process  without  notice 103 

Prodigal  returned 138 

Profanity  and  disorder 128 

Prohibition,  Eighteen  years  of 232 

"          Fourteen  years  of 246 

"  of  former  laws,  The 293 

"          of  ten  years'  experience. . .  274 

"  Long  experience  in 278 

"          the  only  effectual  remedy  .  279 

Prohibitory  laws,  The  best 104 

Property  improved 112 

Prosecutions  under  the  law 194,  286 

Prosperity  of  the  county 261 

Thrift  and 156 

Protection  to  the  young 216 

Providence  County  and  city  (R.  I.)     . .  274 

Public  entertainments 251 

Public  feeling 277 

"      health  in  Connecticut : 

Hartford  Cuunty 115, 119, 12'> 

Litchfield      "      123,125,126 

Middlesex     "      .  .128, 129, 130, 181.  182 

N.London    "      143,144,145 

Tolland         "      146 

Windhara     «     148 

423 


INDEX. 


Public  health  of  Maine  : 

Cumberland  County  ..167, 168. 169  1SS 

II  ancock  "       198 

Kennebeek         "       197 

Lincoln  "       200,201 

Oxford  "       204, 205 

Penobscot          "       209,  210,  21 1 

Somerset  "       212,  213 

Waldo  "       215, 216 

Public  health  of  Massachusetts  : 

Middlesex  County 241,  243,  244 

Plymouth        '•       248 

Worcester       "       253 

Public  health  Allegan  County  (Mich.)..  262 
"  Washington"  (R.  1)272,278 
"  Addison  "  (Vt.)  ....  284 
"  Caledonia  "  "  2S6 

Publicly,  No  liquor  sold 138 

Public  occasions 138 

'*     opinion  in  Connecticut: 

Fairfield  County Ill,  112 

Hartford      "    116,117,118,119,120,121 

Litchfleld     "       125,126 

Middlesex    "    128,129,130,131,132,133 

N.  Haven    "       135,188,139 

N.  London  "       142, 143, 145 

Tolland        "      146 

Windham    "       148,149 

Public  opinion  in  Maine : 

Cumberland  County..  167, 168, 169, 188 
--   •"  "  ..  192 


Franklin 

Hancock 

Kennebeek 

Lincoln 

Oxford 

Penobscot 

Somerset 

Waldo 

Washington 

York 


193,194 

195,196,197 

199,  200,  201 

204,  205,  206 

, .  208,  209,  210,  211 

212 

215,216 

217 
219 


Public  opinion  in  Massachusetts : 

Berkshire  County 229 

Bristol  231 

Duke's  231 

Essex  234 

Franklin  235,  236,  237 

Hampden  23S 

Middlesex  . . .  .241,  242,  243,  244 

Norfolk  246 

Plymouth        "       248 

Suffolk  "       250 

Worcester       "       253, 254 

Public  opinion  in  Michigan : 

Allegan  County 259,  262 

Oakland      "       268 

Public  opinion  in  Ehode  Island  : 

Washington  County 278, 279 

Providence         "       276 

Public  opinion  in  Vermont : 

Addison  County 284 

Caledonia     "       286,287 

Chittenden    "       290,291 

Rutland         «       293,294 

Windsor       "       296 

Public  peace 125,  133, 142,  209 

"         "     Preservation  of  the 174 

sentiment 103, 158,  250,  290,  293 

424 


Public  tranquillity Ill,  145, 146,  2^92 

Puritanic  days  preserved  204 

Quietness,  order,  a.ii<i  industry Til 

Railroad  laborers,  Effect  of  the  law  on.  294 

Randolph  (Mass.) 246 

Reaction 155 

No 28:5 

Readfleld  (Me.) 197 

Reformed  citizen,  A 2<-6 

Reform  in  Harwich,  Commencement  of  227 

Reform.  Previous 248 

Relief,  Applications  for 184 

Repeal  of  the  Maine  Law 19$ 

"       No  attempt  at 272 

Resistance  to  the  law  unpopular 106 

Rrsults,  General 27(5 

"       highly  beneficial 291 

"       of  drinking 253 

"  "       The  last 1S4 

''       of  first  year's  experiment 180 

"       of  the  new  Maine  Liquor  Law.  201 

"       on  workingmen's  families 238 

Retail  trade 226 

"     traffic  excluded 247 

Returned  to  old  habits 269 

Rhode  Island,  Results  of  prohibition  in 

271-279 

Richmond  (Me.) 20 1 

Riots  and  brawls,  No 277 

Rocklaud  (Me.) 2<U 

Ruin,  A  family  saved  from 159 

Rum  arguments 245 

"    carrying,  Prohibition  of 154 

"    Cost  of 201 

"    Reduction  in  the  consumption  of .  197 

"    Sale  of 201 

Rumseller  frightened 192 

reclaimed i?00 

Rumsellers  arrested 137 

"          becoming  industrious 1 23 

"          desperate 193 

"         giving  up,  The  incorrigible.  28!) 

Rumselling,  Clandestine 229 

Rumshops  closed 246 

"         not  patronized 205 

Rum,  Sneaking  after 131 

"     Obtaining, under  false  pretenses.  284 

Rutland  (Vt.)..'. 294 

Rutland  County  (Vt.) 292 

Sabbath  observance  in  Connecticut : 

Fairfield  County Ill,  112 

Hartford      "       ..114,118,119,120,121 

Litchfield    "       123,125 

Middlesex  "       129,  131, 133 

N.  Haven    "       137 

N.  London  "       143,  144, 145 

Tolland        "      146 

Windham    "       148,  149 

Sabbath  observance  in  Maine  : 

Cumberland  County 168, 169,  188 

Franklin  "        192 

Hancock  "        194 

Kennebeek       "       196 

Lincoln  "       199,200 

Oxford  "       204,205,206 

Penobscot          "       209,210,211 

Somerset  «       212,213 


INDEX. 


Page  | 

Sabbath  observance  in  Massachusetts : 

Berkshire  County 229  i 

Middlesex      "      241,  242  I 

Norfolk  "       247 

Plymouth        "       248 

Worcester       "      253,  254 

Sabbath  observance,  Allegan  (Jo.  (Mich.)  262 
"  Washing.  "    (li.  I.) 

212,278 

Sabbath  observance  in  Vermont : 

Addisori  County 284 

Caledonia    "       286,287 

Chittenden  "      291 

Euiland        kt      293 

Windsor      "      296 

Sabbath  schools 187 

Sale,  Clandestine 121 

"    No  open 167,  254,  294 

"    of  liquor. 119, 121, 122, 131, 144,  217,  218 

"    of  liquor  not  respectable 115 

"  ••       prohibited 121 

"  "       restricted 215 

"    Open,  abolished 293 

Saved  in  one  month,  Thirty  dollars 132 

Searsmont  (Me.) 216 

Searsport       "     216 

Scituate  (Mass.) 248 

Secret  places 246 

Security,  domestic 104 

"        Public  peace  and 104 

Seized  liquors 172 

Seizure 287 

Seizures 176,  290,  293 

"       Constitution  of  Connecticut  in 

relation  to 101 

"       of  liquor 217 

"       Arrests  and 109 

"       U.  S.  Constitution  in  relation  to  101 

Shulesbury  (Mass.) 237 

Simsbury  (Ct.) 119 

Smuggling 123 

Sobriety  and  industry 147 

"       and  peace 18 

Society,  customs  of 139 

Sold  clandestinely 212 

Somerset  County  (Me.) 211 

Southington  (Ct.) 120 

Springfield  (Mass.) 238 

Stamford  (Ct.) Ill 

State  (Ct.)  All  parts  of  the 109, 110 

«    fair,  The 105 

"    prisons,  alms-house,  and  lunatic 

asylums 271 

"    reform  school  (Ct.) 135 

St.  Clair  County  (Mich.) 270 

St.  Johnsbury  Centre  (Vt,) 286 

Stopping  the  supplies 171 

Streets,  No  drunkards  in  the 104 

Stringent  laws  the  most  effective 100 

Suasion,  Legal  vs.  moral 105 

Suffleld  (Ct.) 121 

Suffolk  C« -unty  (Mass.) 249 

Support  of  the  Gospel 228 

Supreme  Court,  Disagreements  of  the 

Michigan.... 258 

Supreme  Court,  Decision  of  the  Mich. .  259 


Pase 

Sustaining  the  law 249 

Temperance  community,  A 205 

men,  Support  of 155 

"           The  Maine  Law  a  promi- 
nent support  to 279 

"  men,    The    law    enforced 

where  there  are  energetic  223 
"  Party  politics  given  up  for  2S2 

"  reform,  Commencement  of  168 

«  town,  A 193 

Templeton  (Mass.) 254 

Temptation,  The  effect  of 1 68 

Testimony  of  the  overseer 289 

Tisbury  (Mass.) 233 

Tolland  County  (Ct) 145 

Trade 149 

Hartford   County  (Ct.) 115, 1 1 9 


125,126 

"  129,131 

"  .  142, 144, 145 
«  148 

(Me.).  168,169,188 

"  192 

"  194 

"  196 

"  .  199,  200,  201 

«  205,  206 

"  .  209,  210,  211 
"  212,213 

(Mass.) 227 

"  241,  243,  244 
«  . .  248 


Litchfield 

Middlesex      " 

New  London  " 

Windham       " 

Cumberland  " 

Franklin        " 

Hancock        " 

Kennebeck    " 

Lincoln          " 

Oxford  " 

Penobscot      " 

Somerset 

Barnstable     " 

Middlesex     " 

Plymouth       " 

Worcester     "         "       253 

Allegan         "      (Mich.) 262 

Washington  "         "       278 

Addison         "       (Vt.) 284 

Rutland          "          "    293 

Windsor  "  "  296 

Traffic,  Cost  of  the 289 

"  nearly  exterminated,  The 254 

"  stopped.  The 197, 2S6 

"  suspended 104 

"  work  sits  own  destruction,  The.  2S8 
University.  Effects  of  the  law  on  the. . .  291 
Vermont,  Eesults  of  prohibition  in  .  281-296 

Waldo  County  (Me.) 215 

Ware  (Mass.) 239 

Warren  (Me.) 202 

Washington  County  (Me.) 207 

«  (R- I.) 277 

Watch-house  statistics 179 

Westford  (Ct.) 132 

West  Hartford  (Ct.) 121 

Weymouth  (Mass.) 247 

Willimantic  (Ct.) 149 

Windham  County  (Ct.) 147 

Windsor  "  (Vt.) 295 

Wine  in  Tale  College,  Consumption  of.  139 

Wisdom  and  efficiency  of  the  law 291 

Women  at  elections,  The  influence  of . .  2tf7 

"  enforcing  the  law,  The 203 

Worcester  City  (Mass.) 254 

Co  "  252 

York  County  (Me.) 218 

Yale  College 139 


425 


INDEX 


CONTRIBUTORS  AND  AUTHORITIES. 


Paee 

Adams,  Mr.  J.  L.,  Statements  of 283 

Allen,  Rev.  Ebenezer,  Contribution  from  209 

Alvord,  Mr.  D.  W.,  Statements  of 235 

"         "        "       Contribution  from..  236 

Andrews,  Mr.  Alfred,        "  "     . .  118 

"         Rev.  Charles,    "  "     ..  167 

"        Hon.  Leonard, "  "     ..  219 

Anthony,  Rev.  George,     "  »    ..  237 

Bacon,  D.D.,  Rev.  L'         "  "     ..  137 

Baker,  Rev.  H.  H.,  '«  «     . .  295 

Barritt,  Mr.  James,  "  "     . .  294 

Barstow,  Mr.  H.  A.  C.,  Statements  of  . .  274 

Beecher,  Rev.  H.  W.,  Quotations  from 

27,  215,  217, 233,  237,  240,  241,  247,  257,  274 
Beecher,  D.D.,  Rev.  L.,Contribution  from  250 
Bell,  Rev.  Hiram,  "  "  131 

Bonnet,  Mr.  A.  H.,  «  "  147 

Bingham  (Mich.),  Gov.,  Statements  of  .  257 

Bird,  Rev.  J.,  Contribution  from 116 

Bishop,  Hou.  Judge,  kl  "  233 

Blackstone,  Judge,  Quotation  from 5 

Blake,  Rev.  Henry,  Contribution  from.  146 
Bra.  1  ford,  Rev.  Lucius,  "  '•  .  205 

Brown,  Rev.  Daniel  E.,  "  "  .125 

Bulkeley,  Hon.  Judge,  Quotation  from.  127 

Burgess,  Bishop,  Statement  of 154 

Burgess,  Rev.  J.  S.,  Contribution  from  .  200 

Burke,  Hon.  Mr.,  Quotation  from 283 

Burns,  Rev.  Albert,  "  "  226, 230, 232 

Bush,  Rev.  Mr.,  Contribution  from.  114,  141, 

143,147 

Champion,  Rev.  J.  H.,  "  "  122 

Chandler,  Dr.,  Quotation  from 14 

Chapman,  Mr.,  Contribution  from 289 

Cheever,  Rev.  Dr.,  Quotation  from 71 

Chipmau,  Rev.  Thos.,  Contribution  from  216 
Church,  Mr.  Moses  L.,  "  "  289 

Cole,  Rev.  Samuel,  "  "  233 

Coles,  Mr.  L.  8.,  "  "  117 

Collyer,  Rev.  Isaac  J.  P.,  «  "  242 

Commercial,  Port  Huron,  "  "  270 

Copeland,  Rev.  David,  «  "  192 

Courier,  Livingston,  "  "  206 

Cushman,  Rev.  David.  Quotations  from 

191, 198,  200,  203,  211 

"  "  "  Contribution  from  200 

Cuyler,  Rev.  T.  L.,  Quotations  from 

134,151,295 

"  "  "  Contribution  from  170 

Daggett.  Chief  Justice,  Quotation  from.  273 

Davis,  Hon.  Mr..  Contribution  from 265 

Dawes,  Esq.,  Hon.  L.,  "  "  230 

426 


Page 

Day,  Mr.,  Contribution  from 115 

Denison,  Rev.  E.  A.,  Contribution  from  128 

De  Wolfe.  Charles  H.,  Statement  of 160 

"         C.  H.,  Contribution  from . .  207, 210 

Dickinson,  Rev.  Joel  L.,  "         "     119 

"  "    Erastus, "         "     142 

Dixon,  Rev.  "Wm.  E.,       "         "     114 

Doolittle,  Hon.  Mark,  Quotation  from  . .  261 
Dow,  Hon.  Neal,  Quotat's  from,  164,  193,  194 

"         «        "      Statements  of 155.165 

"        "        "      Contribution  from.  170, 178 
Dudley,  Rev. T.  L.,       "  "     ....131 

Dunbar,  Rev.  Melzar,    "  "     215 

Dutton,  Gov.,  Quot,  from. .  .99,  111,  122, 145 

"  "     Testimony  of 104 

"  "     Statement  of 100 

"       Rev.  W.  S.,  Contribution  from  .  138 
Dwight,  Mr.,  "  "  .  140 

Eaton,  Ex-Gov.,  Statements  of 2SI 

Eddy,  Rev.Chauncey,  Contribution  from  228 
Edwards,  D.D.,  Rev.  Tryon,  "  "  143 
Examiner,  Norwich,  "  "  126 

Farrington,  Rev.  Oliver  P.,       "          "     243 
Fessenden,  Rev.  S.  C.,  Statements  of . .  155 
"  "        "     Contr.  from..  198-201 

Fiske,  Rev.  D.  T.,  "       "     ....  234 

Foster,  Esq.,  George  "       "     234 

Frelinghuysen,Hon.  Mr.,  Quotation  from  287 
Friend,  Mr.  John  C.,  Contribution  from  208 
Gale,  Rev.  Amory,  "  "  229 

Gardner,  Gov.  (Me.),  Statement  of 222 

Garland,  Rev.  David,  Contribution  from  204 
«•        Hon.  G.  D.,          "  "  .  205 

Gazette,  Kalamazoo,  "  259,  264 

Godfrey.  Esq.,  J.  F.,  "  "  .  206 

Gould,  Rev.  Asa  H.,  "  "  .  217 

Greeley,  Hon.  Horace,        '•  "  .  139 

"  '*         "       Statement  of 106 

"  "          "       Quotation  from  . .  140 

Grier,  Judge,  Quotations  from 270 

Hadley,  Mr.,  Testimony  of 177 

"       Rev.Wm.  H.,  Contribution  from  183 

Haines,  Allen,  Quotation  from 05 

Hall,  Rev.  Edwin,  Contribution  from  . .  Ill 
Harlow,  M.D.,  H.  M.,  "  "  ..195 

Hart,  Rev.  L.  B.,  "  "  122-126 

Hawks,  Rev.  Joseph,      "  "     ..  201 

Hawley,  Rev.  Dnvid,      "  "     ..117 

Hebbard,  Rev.  Wm.W.  "  "     ..  235 

Henderson,  Miss  A.  B.,  "  "  258-262 

Hemenway,  Rev.  Dan..  "  "     . .  121 

Herring,  Rev.  C.  M.,       "  «     . .  209 


INDEX. 


Pajro 

Higginson,  Eev.  T.  W.,  Statements  of..  223 

"        «    Contribution  from  255 

Hine,  Eev.  SM  "    146 

Hiuney,  Eev.  Palmer  C.,     "  "    284 

Hosford,  Eev.  Isaac,  Statements  of 225 

"          "         "     Contribution  from .  243 
Howe,  Hon.  Zimri,  Quotations  from,  2S1, 292 

"  "  "  Contribut.  from,  293,  294 
Hubbell,  Eev.  George  A.,  "  "  ..  128 
Hunt,  Eev.  S.,  "  "  . .  145 

Huntingdon,  Lt.-Gov.  (Me.),  Quot.  from  245 
llutehiiison,  Eev.  A.  F.,  Contribut.  from  169 
Ide,  Esq.,  Joseph,  Contribut.  from..2S5,  286 

Independent,  N.  Y.,  Quotation  from 41 

Jones,  Eev.  E.  C.,  Contribution  from...  120 

"      Elijah,  "  "     ..  168 

"     Eev.  Warren  G.,  "  "     . .  115 

Journal,  Allegan,  '  "     . .  261 

Kent.  Esq.,  Edmund,       '  "     ..208 

Kilbourn,  Eev.  James,     '  "     . .  130 

Kingrnan,  Eev.  L.,  '  u     ..  195 

Kinney,  Eev.  Ezra  D.,     '  "     . .  Ill 

Knowl'ton,  Eev.  T.  C.,  Statements  of . . .  156 
"    J.  C.,  Contribution  from  211 

Littlejohn,  Hon.  F.  J.,  Statements  of 260 

Lord,  Eev.  Isaac,  Contribution  from,  195, 196 
Loring,  Eev.  H.  L.,  "  "...  198 

M'Douald,  Eev.  Wm.,  Statement  of. ...  156 
"        "     Contribut.  from..  187 
M'Elratb,  Esq.,  W.  H.,      •"  "  ..  208 

Maine  Law  A  dvocate,  Statement  of ...  109 

"  "  Illustrated,  Contrib.  from  187 
Maine,  Eev.  E.  H.,  '•  "  135 

"      Hon.  Horace,  Quotation  from . . .  252 

"      Eev.  Joel,  Contribution      "  273,  279 

Mann.  Mr.  Benning,       "  "    ...117 

Mansfield,  Eev.  D.  H.,  Statements  of. ..  156 

"        "      Contribut.  from..  203 

Marsh,  Eev.  Dr.,  Quotation  from 23,  31 

Marshal,  From  the  Lowell  City 242 

Mathieson,  Mr.,  Contribution  from 140 

Matteson,  Eev.  N.  H.,    "  "     144 

Mathew,  Father,  Quotation  from 93 

Mayor  of  ProvHence,  Statements  of 274 

Merriam,  Eev.Myron,  Contribution  from  246 
Miller,  Esq.,  Eli  E.,  "  265 

Minister  at  large  (Lowell),  "  "      243 

Minor,  Hon.  W.  D.,  "  "      112 

Mitchell,  Mr.,  Testimony  of 177 

Monroe,  Mr.  Wm.  C..  Contribution  from  14S 
Morris,  Eev.  Myron  N.,  "  "  121 

Morrill,  Gov.  (Me.),  Quotation  from  ..9, 197 

4*         "      Statements  of 152,163 

Nasmi,  Eev.  Elias,  Contribution  from..  244 
N.  Haven  Advocate,  Statements  of.  110,  142 
N.  York  Tribune,  '•  "...  108 

Nichols,  Mrs.  E.  Sinclair,  Contribut  from  262 

Norwich  Examiner,  Statements  of 109 

Nye,  Jr.,  Joshua,  Quotation  from 218 

Oakes,  Dr.,  Contribution  from 167 

Parniclcp,  Eev.  David  L.,  Contrib.  from  125 
Parsons,  Eev.  Isaac,  "  "  129 

Pease,  Eev.  W.  A.,  "          "      237 

"  Professor,  "  "  290 
Peck.  Eev.  D.  E.,  i'  "  187 
Perkins,  Eev.  Jonas,  «  "  247 
Pierce,  Frank,  Quotation  from 88 


Pago 

Plumb,  Eev,  D.  H.,  Contribution  from  ..254 

Porter,  Mr.  Z.,  Case  of 242 

Portland  Advertiser,  Eemarks  of 1S9 

Power,  Nathan,  Quotation  from 264 

"  "        Contribution  from 268 

Pratt,  Eev.  Cyprian  S.,    "         "    212 

Prescott,  Esq.,  J.  D.,        "         "    .....191 

Prohibitionist,  Quotation  from 223 

"  Statements  of 110 

Eandolph,  Kev.  Walter,  Contrib.  from..  210 
Eichards,  Eev.  Samuel  T.,  "  'k  ..  119 
Eoberts,  Eev.  Joseph  P.,  «  "..213 
Sabin,  Eev.L,  "  "  ..  254 

Salter,  Eev.  John  W.,  "          "  ..  142 

Sargent,  L-  M.,  Quotation  from 36 

Secretary  of  State  (Me.),  Statement  of. .  154 
Seeley,  Eev.  Mr.,  Contribution  from,  119,  238 

Shakspeare,  Wm.,  Quotation  from 1 

Silliman,  Prof.,  Contribution  from 139 

Smith,  Jr.,  Hon.  Noah,  Statement  of. . .  158 

"  "  Contribut.  from  217 

Snell,  Eev.  Amos,  "      132 

Sprague,  Mr.  Augustus,         "  "      196 

State  Temp.  Society  (Me.),  Statements  of  161 

"    (Mass.)  Temper.  Society,  from  cor. 

of 240,  246 

Stetson,  Eev.  Caleb,  Contribution  from..  248 

Stone,  Dr.,  Quotations  from 2S4,  249 

"        "    Contribution  from 251 

Stow,  Eev.  Wm.,    '•          "     236 

Strong,  Eev.  David,"          "     .  ..  236 

"     Ed.,    "          "     138 

Sullivan,  Hon.  George,  Quotation  from.  268 
Symon,  Eev.  David,  Contribution  "  .  132 
Taylor,  Eev.  Mr.,  "  "  .  199 

Tebb,  Mr.  Wm.,  "     from.. 252,  276 

Telegraph,  Boston,  Extracts      "    ..232,245 

Thacher,  Prof.,  Contribution     "     189 

Thayer.  Eev.Wm.  M.,  "  "     241 

Thomas,  Mr.  Alderm.,  "  "     181 

Thurston,  Eev.  Stephen,  Statements  of  158 

"  "        From 213 

Times,  The,  London,  Quotation  from  ..  48 
Transcript  Boston,  Extract  from  the  . .  249 

Truebridge,  Mr.,  Contribution  from 294 

Turner,  Eev.  J.  W.,  Statements  of.  .106,  158 

"         "     W.,  Contrib.  from 116,  218 

Tute,  Mr.  Eensselaer,    "          "      2^6 

Tyng,  Eev.  Dr.,  Quo.  from  .11, 17, 48, 271.  277 
Underwood,  Mr.,  Contribution  from. . . .  227 

Waite,  Esq.,  J.  J.,         "  "     143 

Walker,  Eev.  O.  B.,      "  "     193 

"        "     T.,  "  «     ....  23S 

"      D.D.,  Eev.  C.,  "  "     ....  293 

Walworth,  Chancellor,  Quotation  from . .  285 
Warren,  Dr.,  «  "  ..  221 

Watson,  Hon.  W.  E.,  Contrib.  "  . .  271 
Whiteman,  Esq.,  G.  S.,  "  •*  . .  262 

Willard,  Eev.  S.  G.,          "  "     ..  149 

Williams,  Hon.  Chief-Justice,  Quo.  from  113 
"  Eev.  Eobert  G.,  Contrib.  "  129 
Winslow,  Esq.,  Benj.  F.,  "  "  231 

Woman's  'lemperance  Paper,  "    267 

Woodbury,  Eev.  J.  T.,  Statement  of. ...  226 
"  Contribution  from  253 
Wright,  Jr.,  Eev.  Daniel,  "  "  248 

Young,  Eev.  Mr.,  "     201 

427 


INDEX 


PEOHIBITOKY  LIQUOK  LAWS 


Acts  repealed 850 

Adulteration  of  liquors 366 

"  Penalty  for 368 

Agencies 352 

Agency,  Town  and  city 396 

Agent,  Breach  of  conditions  by  329,  355,  398 

Breach  of  trust  in  the 309 

to  execute  a  bond 405 

Ag  nts,  Appointment  of 404 

Certificates  for 858 

Imposing  upon 853 

Purchase  of  liquor  for 322 

Regulations  for 352 

to  sell  for  certain  purposes 800 

Sureties  of 315,  323,  396 

Amount  in  bond 394 

Apothecaries.  Regulations  regarding. ..  833 

Appeal  granted  under  bond 407 

Appeal  on  writ  of  error 873 

"      Process  after 328,  383,  400 

"      Right  of 340,  382,  397 

"      within  thirty  days 828 

Appeals 302 

Appearing  in  proper  person 317 

Arrest  and  seizure 326 

Arrest  when  seizure  is  prevented 339 

Attorney  to  prosecute,  City  and  district   327 

Authority,  Manufacture  by 376 

Authorized  sale 378 

"         sale  of  liquors  by  citizens  . .  393 

"         sellers,  Bond  for 394 

Bond  of  agent 301 

"     of  manufacturer 321 

Burning  fluid,  perfumery,  etc 312 

Cases  where  the  owner  is  unknown, 

Provisions  for 407 

Certificate,  Form  of 306 

Charge  to  grand  jury 388 

Chemists,  artists,  and  manufacturers  345, 352 

Cider  and  wine,  Home-made 318,  320 

"      etc 406 

"     Sale  of 389 

"     wine,  etc 299,  376 

City  authorities,  Powers  of . .  410 

Claimants,  Regulations  for 337,  339 

Claim  not  valid  except  on  trial 328 

428 


Commissioner,  Agents  to  purchase  of . .  867 

Bond  of 367 

First  election  of 412 

Record  of 367 

Commissioner's  office  in  Boston 367 

"  power  to  prosecute  agents  406 

Common  nuisances 389 

"       nuisance,  Fine  for 866 

Compensation 3*33 

Complainants  not  liable  for  costs 400 

Complaint,  Form  of 3<i5 

Making 317 

"         Process  after 884 

"          under  oath 323 

Connecticut,  When  to  take  effect  in 811 

Constables,  Duties  of 895 

Contracts  and  bills  void 327 

"        for  liquor  null  and  void 869 

Conveyances  on  account  of  illegal  sales 

null  and  void 842 

Convicted  drunkards,  Prosecution  of  ..  812 

"         parties  must  recognize 363 

Conviction,  Process  after 400 

Costs,  Assessment  of , 328 

County  agents 321 

"      commissioners 404 

Courts  and  justices 328 

Criminal,  Sale  of  liquors 351 

Custody  of  seized  liquor 328 

Damages,  Indemnification  for 865 

Decision,  Appeal  from 315 

Defect  in  bond 329 

Delaware,  When  to  take  effect  in 319 

Delivery  of  liquors  evidence  of  a  sale  . .  363 

Disposition  of  fines 344 

Distribution  of  fines 897 

District  attorneys,  Duties  of 863 

Drinking  houses 393 

Drugged  liquors 337 

Drii!.'  venders,  Bonds  of 373,  374 

Drunkards'  testimony 31(5 

Duty  of  p^ace  officers 884,  399 

Evading  the  law,  Contrivances  for 8'2ti 

Evidence  of  sale.  Delivery  an 841 

Execution  against  property 870 

Exhibition  of  licenses 894 


INDEX. 


Expenses,  Indemnification  for 365 

Expressmen,  carriers,  etc.,  Regulations 

reirurding 834 

Expressmen  and  common  carriers 357 

False  pretenses,  Obtain,  liquor  under  215, 324 

Fees 309 

"    and  costs 387,  401 

"    Regulation  of 409 

Fines  and  forfeitures 317 

"     and  imprisonments  for  manufac- 
turing  333 

"  for  selling  . .  333 

Forfeited  liquors 335 

"       liquor  to  be  destroyed 326 

Forfeiture  of  liquors 303 

"         Recovery  of 373 

Forfeitures  and  imprisonment 390 

"         and  penalties 380 

"         for  the  use  of  the  poor 376 

Former  acts  repealed 318,  329,  411 

Form  of  complaints 372,  392,  409 

Forma  of  law 345-350 

Freemen,  Expression  of  choice  by 411 

Given  away,  No  liquors  to  be 330 

Giving  away  liquor  illegal 390 

"         "          "      unlawful 375 

Grand  jury  to  make  presentments 411 

Illegal,  Sale  of  liquors 378,  394 

Implements  for  selling  made  common 

nuisances 363 

Imported  liquors 229,  320,  377 

Imprisonment  avoided  by  disclosure    .  307 

"  of  common  sellers 370 

Importers  and  auctioneers 395 

"         and  druggists,  Rights  of  ...  351 

"         of  liquors ". 317 

Indiana,  When  to  take  effect  in 830 

Injured  parties,  Right  of  action  in  .  »   .  390 

Intemperate  persons 315 

Intent  to  sell,  Keeping  liquors  with 359 

Intoxicated,  Persons  found 875,  389 

"  persons  to  d  isclose  of  whom 

they  obtained  liquor. 358,  410 

"  persons,  Sale  to 389 

Intoxicating  liquor  the  only  necessary 

description 318,  392 

Judgment,  Process  after 383 

Judicial  officers 380 

Jurors,  Qualifications  of 386 

Jurymen,  Habitual  drinkers  incompe- 
tent for 327 

"         Violators  of  the  law  incompe- 
tent for 309 

Jury,  Trial  by 325 

Justices  of  the  peace 308,  312 

"  "      Jurisdiction  of.371, 401, 

405 

"  "      may  try  cases 356 

Keeping  liquors  for  sale 802 

Kind  of  liquor,  Not  necessary  to  specify 

the 401 

Landlord  and  tenant — When  both  are 

liable 393 

Landlords,  Responsibility  of 366 

Lease  and  titles  nullified 366 

Legal  voters,  To  be  confirmed  by 402 

Liabilities,  Indemnification  for  preceding  365 


Licenses  abolished 818,  388 

"        already  granted 395 

"        Costof 394 

Appraisers  of 394 

"        to  run  out,  Existing 319 

"        to  sell 394 

Liquor  cases  in  court.  Precedence  of. . .  363 

'•      illegally  sold,  Payments  for 310 

"      on  muster  fields  may  be  seized  .  362 
Liquors  conveyed  through  the  State  .. .  834 
Liquor  seller  responsible  for  effects  pro- 
duced    339 

"      sellers  incompetent  for  jurors.  342, 4<i(J 

"      illegally  sold 363 

"      Transportation  of 386 

Liquors  protected  by  law,  The 340 

"        seized,  Disposition  of 361 

"        sold  in  violation  of  the  law,  Pay- 
ments for 402 

"        to  be  destroyed  after  judgment  408 
"        to  be  returned  for  want  of  proof  361 

Magistrate's  certificate 386 

"          defined 330 

Maine,  "When  to  take  effect  in 350 

Manufacture  and  sale 299,  820 

"  "    Prohibition  of  the 

. .  331,  369,  396,  404 

by  authority 314,  320 

Manufacturer  and  common  seller 406 

Manufacturers  by  authority 299 

"  Certificates  for 354 

"  Record  of  names  of 355 

"  Rules  for 354 

Massachusetts,  "When  to  take  effect  in. .  368 

Mechanical  and  chemical  purposes 327 

Misdemeanor,  Contriving  to  avoid  the 

law  a 826 

'•             Giving  liquor  to  intoxi- 
cate persons  a 313 

"  Keeping  liquor  for  sale 

a 313,324,393 

Manufacture  of  liquor  a.  323 
Neglect  of  official  duty  a  317 
"             Refusal  of  officers  to  en- 
force the  law  a 376 

Selling  or  giving  liquor  a  324 

New  York,  When  to  take  effect  in 388 

Notice,  Form  of 3<)7 

Nuisance,  Liquors  for  sale  a 324,  870 

Nuisances,  Definition  of 365 

Number  of  the  offense  need  not  be  spe- 
cified    829 

Offenders,  Penalty  of  State's  attorney  for 

settling  with 411 

Officers  and  selectmen.  Powers  of 808 

Ohio,  When  to  take  effect  in 392 

Owning  and  keeping  liquors  with  intent 

to  sell 351 

Payments  for  liquor  unlawful 410 

Penalties,  Agents  and  clerks  incur 324 

"        for  manufacturing  and  selling 

35«,393 

«'         for  selling,  etc 3f.9,  397,  405 

"         for  single  sales 856 

"         Recovery  of 342 

Penalty  for  being  a  common  seller 344 

»•  "       liquor  into  the  State  .  353 

429 


INDEX. 


Pase 

Penalty  for  illegal  manufacture 301 

"         '*      "      sale 801 

"         "  intemperance 310 

"         "  neglect  of  duty  by  public 

officers 411 

Pending  prosecutions 402 

Penitentiary,  Commitment  to  the 887 

Pennsylvania,  When  to  take  effect  in  . .  393 

Perjury,  neglect  of  duty,  etc 344 

Persons  found  intoxicated 841 

Physicians 318 

Police  court,  Parties  may  appeal  from 

the 862 

"      courts 812 

Powers  of  courts 373 

Precedence    in   court,  Legal  cases  to 

take 308,406 

Premises  held  liable 390 

Process  after  complaint 817 

"          "     seizure 303,  304 

Prohibitory  liquor  law  of  Connecticut.299-312 
Delaware,.  3 18-319 
Indiana  . .  .3-20-330 

Maine 331-350 

Mass 351-368 

Michigan  ..369-377 
New  York. 378-388 
Ohio  ...... 3S9-392 

Penn 393-395 

Rh.  Island  .396-403 
Soe.  of  Friends  414 
Vermont  ..404-412 
United  States  .  413 

Proof  of  payment  not  necessary 309 

Prosecution  of  appeals 344 

*'          no  bar  to  conviction,  Pre- 
vious    318 

Prosecutions  conducted  by  three  electors  808 
"           for  keeping  liquors  for  sale  305 
"           in  the  name  of  the  State. .  391 
"           under  former  acts  not  af- 
fected    412 

Public  officers,  Penalty  for  neglect  of 

duty  in 387 

430 


|  Public  occasions,  Seizure  ofliquors  on  .  408 

"      places.  Sale  of  liquor  at 339 

Purchase  of  liquor  for  agents 310,  S45 

1  Purchasing  commission 367 

Recognizance,  Default  of 309 

for  prosecuting  appeal. .  342 
Recovery  of  recognizance  for  non-ap- 
pearance after  judgment 843 

Regulation  for  sureties 348 

Regulations  for  authorized  sellers 379 

Repeal  of  former  acts  ....  311,  377,  388  392. 

393,  403 

Repeal  of  the  law  of  1S52 364 

Resistance  to  the  law  a  misdemeanor  . .  317 
Rhode  Island,  when  to  take  effect  in. . .  403 

Rights  of  husband,  wife,  etc 353 

Safe  by  authority 314 

"    Conditions  of 822 

"    of  liquors  by  retail  prohibited 389 

"    Proofof 88ti 

"    to  minors 889 

Search  and  seizure 834,  336,  898,  407 

"      warrants 303,  324,  370,  3S1 

Securities,  No  appeal  allowed  without..  406 

Seized  liquor,  Restoration  of 326 

Seizure  cases,  Right  of  appeal  in 862 

"          "      Trial  by  jury  in 362 

•'      Notice  to  be  issued  after 360 

"       ofliquors 859 

"       Process  after 825,  336,  381 

Sell  and  sale 318 

Sheriffs  and  other  officers 364 

Singular  and  plural 329 

Suit,  Commencement  of 371 

Superintendents  of  the  poor,  Duty  of. . .  385 

Superior  court,  Precedence  in 342 

Vermont,  when  to  take  effect  in 411 

Votes,  Canvass  of 411 

Warrant,  Form  of 306 

u        May  arrest  without  a 355 

"Witnesses,  Attendance  of 371 

"         bound  over 408 

"          Summoning 316 

Writ  of  error  not  to  quash  indictment . .  341 


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